100
Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street Notice of public meeting as required by M.G.L. Chpt.30A §18-28 VIRTUAL MEETING VIA ZOOM Please be advised that this open meeting is being broadcast live via Zoom and recorded for playback on-line, video on-demand viewing at hwcam.org. The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which may be discussed at the meeting. Not all items listed may in fact be discussed. Items may be taken out of order and at times that differ from those listed below. Other items not listed may also be brought up for discussion to the extent permitted by law. All participants wishing to address the Board of Selectmen during Public Comments must indicate so in the Zoom meeting chat. 6:30 PM WELCOME: Call to Order 6:35 PM PUBLIC INPUT: ITEMS NOT ON THE AGENDA 6:40 PM ANNOUNCEMENTS: For more information, visit wenhamma.gov 1. Open Meeting Law Summer School 2. Request for Letters of Interest for Board & Committee Openings: Affordable Housing Trust, Audit Committee, Community Preservation Committee, Conservation Commission, Council on Aging Board, Finance & Advisory Committee, Hamilton-Wenham Cultural Council, Hamilton-Wenham Joint Recreation Committee, Historical Commission / Historic District Commission, Iron Rail Commission, Open Space & Recreation Committee, Veterans Committee, Wenham Connects, Zoning Board of Appeals JW 6:45 PM REPORTS 1. TOWN ADMINISTRATOR 2. CHAIRMAN 3. SELECTMEN JW 6:50 PM CONSENT AGENDA A. Minutes – GC 6:55 PM NEW BUSINESS B. Appointments 1. Provisional Call Firefighters 2. Cemetery Commission 3. Wenham Issues of Social Service Help (WISSH) 4. Election Officers 5. Affordable Housing Trust (Selectmen’s representative) C. Procedure to fill board/committee vacancies until the annual 2021 Town Meeting 1. Wenham Housing Authority 2. Water Commission D. Discussion and potential approval of a date for Special Town Meeting (Fall 2020) E. Discussion and potential approval of a date for the Annual Town Meeting & Annual Town Election (Spring 2021) F. Discussion and potential approval of a Cable Licensing Renewal Legal Services Agreement G. Discussion and potential approval of MIIA Benefits Trust Agreement H. Discussion regarding Pleasant Pond I. Other matters, as may not have been reasonably anticipated by the Chair (Discussion Only) JW JC GC JW JC GC JW 8:00 PM ANTICIPATED ADJOURNMENT Join the meeting: https://us02web.zoom.us/j/81933902728 Call to Join: 1-929-205-6099 Meeting ID: 819 3390 2728

BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

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Page 1: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Town of Wenham BOARD OF SELECTMEN

AGENDA Tuesday July 28 2020

630 PM Wenham Town Hall ndash 138 Main Street

Notice of public meeting as required by MGL Chpt30A sect18-28

VIRTUAL MEETING VIA ZOOM

Please be advised that this open meeting is being broadcast live via Zoom and recorded for playback on-line video on-demand viewing at hwcamorg The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting which may be discussed at the meeting Not all items listed may in fact be discussed Items may be taken out of order and at times that differ from those listed below Other items not listed may also be brought up for discussion to the extent permitted by law All participants wishing to address the Board of Selectmen during Public Comments must indicate so in the Zoom meeting chat

630 PM WELCOME Call to Order

635 PM PUBLIC INPUT ITEMS NOT ON THE AGENDA

640 PM ANNOUNCEMENTS For more information visit wenhammagov

1 Open Meeting Law Summer School 2 Request for Letters of Interest for Board amp Committee Openings

Affordable Housing Trust Audit Committee Community Preservation Committee Conservation Commission Council on Aging Board Finance amp Advisory Committee Hamilton-Wenham Cultural Council Hamilton-Wenham Joint Recreation Committee Historical Commission Historic District Commission Iron Rail Commission Open Space amp Recreation Committee Veterans Committee Wenham Connects Zoning Board of Appeals

JW

645 PM REPORTS

1 TOWN ADMINISTRATOR 2 CHAIRMAN 3 SELECTMEN

JW

650 PM CONSENT AGENDA

A Minutes ndash GC

655 PM NEW BUSINESS B Appointments

1 Provisional Call Firefighters 2 Cemetery Commission 3 Wenham Issues of Social Service Help (WISSH) 4 Election Officers 5 Affordable Housing Trust (Selectmenrsquos representative)

C Procedure to fill boardcommittee vacancies until the annual 2021 Town Meeting 1 Wenham Housing Authority 2 Water Commission

D Discussion and potential approval of a date for Special Town Meeting (Fall 2020) E Discussion and potential approval of a date for the Annual Town Meeting amp Annual

Town Election (Spring 2021) F Discussion and potential approval of a Cable Licensing Renewal Legal Services

Agreement G Discussion and potential approval of MIIA Benefits Trust Agreement H Discussion regarding Pleasant Pond I Other matters as may not have been reasonably anticipated by the Chair (Discussion

Only)

JW

JC

GC JW

JC GC JW

800 PM ANTICIPATED ADJOURNMENT

Join the meeting httpsus02webzoomusj81933902728 Call to Join 1-929-205-6099

Meeting ID 819 3390 2728

Board of Selectmen Meeting Announcements ndash July 28 2020 Jack Wilhelm

1 Open Meeting Law Summer School

2 Request for Letters of Interest for Boards amp Committee Openings Letters of interest are requested from residents for openings on the following boards and

committees

Affordable Housing Trust - 4 Openings - Two Year Terms

Audit Committee - 3 Openings - One Year Terms

Conservation Commission - 2 Openings - Three Year Terms

Council on Aging Board - 2 Openings - Three Year Terms

Finance amp Advisory Committee - 2 Openings - Three Year Terms

Hamilton-Wenham Community Access amp Media - 1 Opening - Three Year Term

Hamilton-Wenham Cultural Council- 3 Openings - Three Year Terms

Hamilton-Wenham Joint Recreation Committee- 1 Opening - Three Year Term

Historical Commission Historic District Commission - 4 Openings - Three Year Terms

Iron Rail Commission - 2 Openings - Three Year Terms

Open Space amp Recreation Committee - 7 Openings - One Year Terms

Veterans Committee - 3 Openings - Three Year Terms

Wenham Connects Committee - 7 Openings - One Year Terms

WISSH Committee (Wenham Issues of Social Services Help) ndash 1 Opening - Three Year Terms

Zoning Board of Appeals 1 Opening - Three Year Term 2 Associate Member Openings - 1 One

Year amp 1 Two Year Terms

Residents are asked to provide a ldquoletter of interestrdquo including a resume andor background

documentation illustrating the experience of the candidate and a brief explanation of the basis

for their interest in the open position in one of the following ways

1 Fill in the Board or Committee Appointment Request Form on the Town website

2 E-mail to nroebuckwenhammagov in the Town Administrators Office

3 3 Mail to the Board of Selectmen co the Town Administrator 138 Main Street

Wenham MA 01984

Visit the Board and Committee Appointment Process page for more information

Registration is open for an Open Meeting Law Summer School via Zoom Wednesday

August 19 at 7pm This online offering will be presented by Director of Administrative

Services Jackie Bresnahan and Town Clerk Dianne Bucco

Learn how to structure more productive meetings with topics including building agendas

meeting posting procedures meeting minutes Open Meeting Law basics Zoom meeting

etiquette and keeping meeting on task

Please contact Jackie Bresnahan with any questions at 978-468-5520 x4

Open Meeting Law STRUCTURE

MORE

PRODUCTIVE

MEETINGS

Building the Agenda

Posting Procedures

Minutes

OML Basics

Zoom Etiquette

and

Keeping Meetings

on Task

SummerSchoolAugust 19th 700-900 PM

Zoom Video Conference

Open to all elected and

appointed officials

Register by emailing

jbresnahanwenhammagov or

calling 978-468-5520 ext 4

Zoom information will be sent

out by email

TOPICS

INCLUDE

Reports

bull Town Administrator (visit the TA page at wenhammagov)

bull Chairman

bull Selectmen

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Page 1 of 7

Town of Wenham

Board of Selectmen and Town Administrator Memorandum

TO Board of Selectmen FROM Anthony M Ansaldi Jr Town Administrator DATE July 28 2020 RE Town Administrator Report

Departmental Weekly Updates During COVID-19 Crisis

Administration

Director of Administrative Services ndash Jackie Bresnahan

Board of Health

The Health Agent and Assistant Health Agent are both working diligently to follow up on septic and food service related issues Additional guidance from the State and Federal Governments has been issued with every policy change and we are working to keep our food service establishments informed and up to date Several septic and building permit applications were reviewed and issued Soil testing for new and failing systems is also continuing The Health Agent has received several Title 5 and System Pumping reports that have been logged and several residents had questions or issues that the Health Agent responded to Several septic certificates of compliance have been issued The Assistant Health Agent has continued to conduct annual food service inspections as well as working on other code enforcement of establishments The Health Agent also provided guidance to the Board of Health at their meetings Weekly testing for Pleasant Pond began and those results will be monitoring by the Director of Admin Services and Health Agent During the last two weeks we have worked with the Department of Labor Standards on COVID-19 related complaints

The Public Health Nurse continues to provide updates to Public Safety on case management so our first responders are aware She has also been working on contract tracing and supervising the part-time temporary nurses who are assisting us with contract tracing and case management The Nurse also works with the Director of Administrative Services on updating the COVID-19 page of the Town website and answering questions the public may have The PHN continues to meet weekly with public safety and administration to provide updates to the first responders and answer questions

The Board of Health continues to meet weekly to address policy changes from the State and to stay in communication with staff and the Hamilton BOH

We continue to answer residents questions and concerns about the Statersquos guidance on reopening We also have increased communications about mosquito season

I want to conclude by acknowledging the hard work of the Board of Health staff They are under recognized when it comes to the hard work they do during a crisis The Health staff have been excellent communicators and very dedicated to safely continuing the services that allow our food service businesses to run septic systems to be inspected and COVID-19 cases to be managed and followed up on I thank them for their hard work patience and responsiveness during this situation

Page 2 of 7

Building Department

As of May 18 per the Governor all areas of construction have been reopened following the safety standards outlined by the state As of the fourth week of July we have reached normal summer volume for permits and inspections and expect to remain busy through the end of August depending on the pandemic Dodges Row Subdivision is progressing and is at approx 50 occupancy Several other single family new constructions and large scale remodels are in progress and will most likely seek occupancy by the fall We continue to encourage residents and contractors to utilize e-permitting and had minimal traffic when Town Hall was open as most contractors seem to be getting accustomed to e-permitting We have been providing customer service to contractors looking to submit their upcoming projects on the online permitting system as well as setting up in person pick up and drop off times outside or plans and permits This allows us to maintain physical distancing while permitting and continue assessing and collecting permitting fees We are keeping the counter clean and sanitized and working to conduct normal operations with the necessary cleaning and health protocols

Director of Administrative Services

The Director of Administrative Services has been tracking COVID-19 related spending and submitting for reimbursements to the State when monies are available updating the website and social media providing admin support to Public Health Nurse providing IT assistance to staff and BoardsCommittees as we continue remote business managing Zoom meetings for Boards and Committees answering questions and concerns from residents and providing customer service for the Board of Health for essential services (ie questions from food services establishments businesses and residents) and providing communication assistance between BOH staff elected BOH members other Department Heads and the Town Administrator and BOS

For the past three weeks Zoom calls were scheduled and managed for the BOS Joint Boards of Health and Wenham Board of Health Veterans Committee department head meeting and several internal meetings and scheduling the meetings on Zoom for several boards and committees for the next few weeks We still to date we have not had any so called ldquoZoom bombingrdquo incidents We have staff managing every Zoom call to prevent this from happening The Director of Administrative Services also provided assistance in connecting appointed and elected officials with Zoom The Director of Administrative Services also processed health and building permits invoiced and collected permit fees updated the website and assisted contractors and homeowners with online permitting The Director of Administrative worked on preparations and coordinating logistics for the Zoom Warrant Hearing and Annual Town Meeting which both went well and is now working on Town Meeting wrap up and the GFOA Budget submission

Executive Assistant to the Town Administratorrsquos Office ndash Nicci Roebuck

Highlights over this past week

bull Additions to the website including Board of Selectmen Zoom meeting information meeting agendas packets meeting minutes recent news etc

bull Created social media and website graphics bull Assisted the DPW with job posting in a variety of locations bull Preparation for opening of Town Hall bull Assisted the Town Administrator with BOS meeting agenda and meeting packet preparation including

Announcements Consent Agenda and assembly of this TA Report Assessors ndash Steve Ozahowski Principal Assessor

Irsquove continued with entering the newly constructed dwellings into the system

We had a BOA Zoom meeting and our new Chairperson is Lisa Craig

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 2: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Board of Selectmen Meeting Announcements ndash July 28 2020 Jack Wilhelm

1 Open Meeting Law Summer School

2 Request for Letters of Interest for Boards amp Committee Openings Letters of interest are requested from residents for openings on the following boards and

committees

Affordable Housing Trust - 4 Openings - Two Year Terms

Audit Committee - 3 Openings - One Year Terms

Conservation Commission - 2 Openings - Three Year Terms

Council on Aging Board - 2 Openings - Three Year Terms

Finance amp Advisory Committee - 2 Openings - Three Year Terms

Hamilton-Wenham Community Access amp Media - 1 Opening - Three Year Term

Hamilton-Wenham Cultural Council- 3 Openings - Three Year Terms

Hamilton-Wenham Joint Recreation Committee- 1 Opening - Three Year Term

Historical Commission Historic District Commission - 4 Openings - Three Year Terms

Iron Rail Commission - 2 Openings - Three Year Terms

Open Space amp Recreation Committee - 7 Openings - One Year Terms

Veterans Committee - 3 Openings - Three Year Terms

Wenham Connects Committee - 7 Openings - One Year Terms

WISSH Committee (Wenham Issues of Social Services Help) ndash 1 Opening - Three Year Terms

Zoning Board of Appeals 1 Opening - Three Year Term 2 Associate Member Openings - 1 One

Year amp 1 Two Year Terms

Residents are asked to provide a ldquoletter of interestrdquo including a resume andor background

documentation illustrating the experience of the candidate and a brief explanation of the basis

for their interest in the open position in one of the following ways

1 Fill in the Board or Committee Appointment Request Form on the Town website

2 E-mail to nroebuckwenhammagov in the Town Administrators Office

3 3 Mail to the Board of Selectmen co the Town Administrator 138 Main Street

Wenham MA 01984

Visit the Board and Committee Appointment Process page for more information

Registration is open for an Open Meeting Law Summer School via Zoom Wednesday

August 19 at 7pm This online offering will be presented by Director of Administrative

Services Jackie Bresnahan and Town Clerk Dianne Bucco

Learn how to structure more productive meetings with topics including building agendas

meeting posting procedures meeting minutes Open Meeting Law basics Zoom meeting

etiquette and keeping meeting on task

Please contact Jackie Bresnahan with any questions at 978-468-5520 x4

Open Meeting Law STRUCTURE

MORE

PRODUCTIVE

MEETINGS

Building the Agenda

Posting Procedures

Minutes

OML Basics

Zoom Etiquette

and

Keeping Meetings

on Task

SummerSchoolAugust 19th 700-900 PM

Zoom Video Conference

Open to all elected and

appointed officials

Register by emailing

jbresnahanwenhammagov or

calling 978-468-5520 ext 4

Zoom information will be sent

out by email

TOPICS

INCLUDE

Reports

bull Town Administrator (visit the TA page at wenhammagov)

bull Chairman

bull Selectmen

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Page 1 of 7

Town of Wenham

Board of Selectmen and Town Administrator Memorandum

TO Board of Selectmen FROM Anthony M Ansaldi Jr Town Administrator DATE July 28 2020 RE Town Administrator Report

Departmental Weekly Updates During COVID-19 Crisis

Administration

Director of Administrative Services ndash Jackie Bresnahan

Board of Health

The Health Agent and Assistant Health Agent are both working diligently to follow up on septic and food service related issues Additional guidance from the State and Federal Governments has been issued with every policy change and we are working to keep our food service establishments informed and up to date Several septic and building permit applications were reviewed and issued Soil testing for new and failing systems is also continuing The Health Agent has received several Title 5 and System Pumping reports that have been logged and several residents had questions or issues that the Health Agent responded to Several septic certificates of compliance have been issued The Assistant Health Agent has continued to conduct annual food service inspections as well as working on other code enforcement of establishments The Health Agent also provided guidance to the Board of Health at their meetings Weekly testing for Pleasant Pond began and those results will be monitoring by the Director of Admin Services and Health Agent During the last two weeks we have worked with the Department of Labor Standards on COVID-19 related complaints

The Public Health Nurse continues to provide updates to Public Safety on case management so our first responders are aware She has also been working on contract tracing and supervising the part-time temporary nurses who are assisting us with contract tracing and case management The Nurse also works with the Director of Administrative Services on updating the COVID-19 page of the Town website and answering questions the public may have The PHN continues to meet weekly with public safety and administration to provide updates to the first responders and answer questions

The Board of Health continues to meet weekly to address policy changes from the State and to stay in communication with staff and the Hamilton BOH

We continue to answer residents questions and concerns about the Statersquos guidance on reopening We also have increased communications about mosquito season

I want to conclude by acknowledging the hard work of the Board of Health staff They are under recognized when it comes to the hard work they do during a crisis The Health staff have been excellent communicators and very dedicated to safely continuing the services that allow our food service businesses to run septic systems to be inspected and COVID-19 cases to be managed and followed up on I thank them for their hard work patience and responsiveness during this situation

Page 2 of 7

Building Department

As of May 18 per the Governor all areas of construction have been reopened following the safety standards outlined by the state As of the fourth week of July we have reached normal summer volume for permits and inspections and expect to remain busy through the end of August depending on the pandemic Dodges Row Subdivision is progressing and is at approx 50 occupancy Several other single family new constructions and large scale remodels are in progress and will most likely seek occupancy by the fall We continue to encourage residents and contractors to utilize e-permitting and had minimal traffic when Town Hall was open as most contractors seem to be getting accustomed to e-permitting We have been providing customer service to contractors looking to submit their upcoming projects on the online permitting system as well as setting up in person pick up and drop off times outside or plans and permits This allows us to maintain physical distancing while permitting and continue assessing and collecting permitting fees We are keeping the counter clean and sanitized and working to conduct normal operations with the necessary cleaning and health protocols

Director of Administrative Services

The Director of Administrative Services has been tracking COVID-19 related spending and submitting for reimbursements to the State when monies are available updating the website and social media providing admin support to Public Health Nurse providing IT assistance to staff and BoardsCommittees as we continue remote business managing Zoom meetings for Boards and Committees answering questions and concerns from residents and providing customer service for the Board of Health for essential services (ie questions from food services establishments businesses and residents) and providing communication assistance between BOH staff elected BOH members other Department Heads and the Town Administrator and BOS

For the past three weeks Zoom calls were scheduled and managed for the BOS Joint Boards of Health and Wenham Board of Health Veterans Committee department head meeting and several internal meetings and scheduling the meetings on Zoom for several boards and committees for the next few weeks We still to date we have not had any so called ldquoZoom bombingrdquo incidents We have staff managing every Zoom call to prevent this from happening The Director of Administrative Services also provided assistance in connecting appointed and elected officials with Zoom The Director of Administrative Services also processed health and building permits invoiced and collected permit fees updated the website and assisted contractors and homeowners with online permitting The Director of Administrative worked on preparations and coordinating logistics for the Zoom Warrant Hearing and Annual Town Meeting which both went well and is now working on Town Meeting wrap up and the GFOA Budget submission

Executive Assistant to the Town Administratorrsquos Office ndash Nicci Roebuck

Highlights over this past week

bull Additions to the website including Board of Selectmen Zoom meeting information meeting agendas packets meeting minutes recent news etc

bull Created social media and website graphics bull Assisted the DPW with job posting in a variety of locations bull Preparation for opening of Town Hall bull Assisted the Town Administrator with BOS meeting agenda and meeting packet preparation including

Announcements Consent Agenda and assembly of this TA Report Assessors ndash Steve Ozahowski Principal Assessor

Irsquove continued with entering the newly constructed dwellings into the system

We had a BOA Zoom meeting and our new Chairperson is Lisa Craig

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 3: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Open Meeting Law STRUCTURE

MORE

PRODUCTIVE

MEETINGS

Building the Agenda

Posting Procedures

Minutes

OML Basics

Zoom Etiquette

and

Keeping Meetings

on Task

SummerSchoolAugust 19th 700-900 PM

Zoom Video Conference

Open to all elected and

appointed officials

Register by emailing

jbresnahanwenhammagov or

calling 978-468-5520 ext 4

Zoom information will be sent

out by email

TOPICS

INCLUDE

Reports

bull Town Administrator (visit the TA page at wenhammagov)

bull Chairman

bull Selectmen

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Page 1 of 7

Town of Wenham

Board of Selectmen and Town Administrator Memorandum

TO Board of Selectmen FROM Anthony M Ansaldi Jr Town Administrator DATE July 28 2020 RE Town Administrator Report

Departmental Weekly Updates During COVID-19 Crisis

Administration

Director of Administrative Services ndash Jackie Bresnahan

Board of Health

The Health Agent and Assistant Health Agent are both working diligently to follow up on septic and food service related issues Additional guidance from the State and Federal Governments has been issued with every policy change and we are working to keep our food service establishments informed and up to date Several septic and building permit applications were reviewed and issued Soil testing for new and failing systems is also continuing The Health Agent has received several Title 5 and System Pumping reports that have been logged and several residents had questions or issues that the Health Agent responded to Several septic certificates of compliance have been issued The Assistant Health Agent has continued to conduct annual food service inspections as well as working on other code enforcement of establishments The Health Agent also provided guidance to the Board of Health at their meetings Weekly testing for Pleasant Pond began and those results will be monitoring by the Director of Admin Services and Health Agent During the last two weeks we have worked with the Department of Labor Standards on COVID-19 related complaints

The Public Health Nurse continues to provide updates to Public Safety on case management so our first responders are aware She has also been working on contract tracing and supervising the part-time temporary nurses who are assisting us with contract tracing and case management The Nurse also works with the Director of Administrative Services on updating the COVID-19 page of the Town website and answering questions the public may have The PHN continues to meet weekly with public safety and administration to provide updates to the first responders and answer questions

The Board of Health continues to meet weekly to address policy changes from the State and to stay in communication with staff and the Hamilton BOH

We continue to answer residents questions and concerns about the Statersquos guidance on reopening We also have increased communications about mosquito season

I want to conclude by acknowledging the hard work of the Board of Health staff They are under recognized when it comes to the hard work they do during a crisis The Health staff have been excellent communicators and very dedicated to safely continuing the services that allow our food service businesses to run septic systems to be inspected and COVID-19 cases to be managed and followed up on I thank them for their hard work patience and responsiveness during this situation

Page 2 of 7

Building Department

As of May 18 per the Governor all areas of construction have been reopened following the safety standards outlined by the state As of the fourth week of July we have reached normal summer volume for permits and inspections and expect to remain busy through the end of August depending on the pandemic Dodges Row Subdivision is progressing and is at approx 50 occupancy Several other single family new constructions and large scale remodels are in progress and will most likely seek occupancy by the fall We continue to encourage residents and contractors to utilize e-permitting and had minimal traffic when Town Hall was open as most contractors seem to be getting accustomed to e-permitting We have been providing customer service to contractors looking to submit their upcoming projects on the online permitting system as well as setting up in person pick up and drop off times outside or plans and permits This allows us to maintain physical distancing while permitting and continue assessing and collecting permitting fees We are keeping the counter clean and sanitized and working to conduct normal operations with the necessary cleaning and health protocols

Director of Administrative Services

The Director of Administrative Services has been tracking COVID-19 related spending and submitting for reimbursements to the State when monies are available updating the website and social media providing admin support to Public Health Nurse providing IT assistance to staff and BoardsCommittees as we continue remote business managing Zoom meetings for Boards and Committees answering questions and concerns from residents and providing customer service for the Board of Health for essential services (ie questions from food services establishments businesses and residents) and providing communication assistance between BOH staff elected BOH members other Department Heads and the Town Administrator and BOS

For the past three weeks Zoom calls were scheduled and managed for the BOS Joint Boards of Health and Wenham Board of Health Veterans Committee department head meeting and several internal meetings and scheduling the meetings on Zoom for several boards and committees for the next few weeks We still to date we have not had any so called ldquoZoom bombingrdquo incidents We have staff managing every Zoom call to prevent this from happening The Director of Administrative Services also provided assistance in connecting appointed and elected officials with Zoom The Director of Administrative Services also processed health and building permits invoiced and collected permit fees updated the website and assisted contractors and homeowners with online permitting The Director of Administrative worked on preparations and coordinating logistics for the Zoom Warrant Hearing and Annual Town Meeting which both went well and is now working on Town Meeting wrap up and the GFOA Budget submission

Executive Assistant to the Town Administratorrsquos Office ndash Nicci Roebuck

Highlights over this past week

bull Additions to the website including Board of Selectmen Zoom meeting information meeting agendas packets meeting minutes recent news etc

bull Created social media and website graphics bull Assisted the DPW with job posting in a variety of locations bull Preparation for opening of Town Hall bull Assisted the Town Administrator with BOS meeting agenda and meeting packet preparation including

Announcements Consent Agenda and assembly of this TA Report Assessors ndash Steve Ozahowski Principal Assessor

Irsquove continued with entering the newly constructed dwellings into the system

We had a BOA Zoom meeting and our new Chairperson is Lisa Craig

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 4: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Reports

bull Town Administrator (visit the TA page at wenhammagov)

bull Chairman

bull Selectmen

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Page 1 of 7

Town of Wenham

Board of Selectmen and Town Administrator Memorandum

TO Board of Selectmen FROM Anthony M Ansaldi Jr Town Administrator DATE July 28 2020 RE Town Administrator Report

Departmental Weekly Updates During COVID-19 Crisis

Administration

Director of Administrative Services ndash Jackie Bresnahan

Board of Health

The Health Agent and Assistant Health Agent are both working diligently to follow up on septic and food service related issues Additional guidance from the State and Federal Governments has been issued with every policy change and we are working to keep our food service establishments informed and up to date Several septic and building permit applications were reviewed and issued Soil testing for new and failing systems is also continuing The Health Agent has received several Title 5 and System Pumping reports that have been logged and several residents had questions or issues that the Health Agent responded to Several septic certificates of compliance have been issued The Assistant Health Agent has continued to conduct annual food service inspections as well as working on other code enforcement of establishments The Health Agent also provided guidance to the Board of Health at their meetings Weekly testing for Pleasant Pond began and those results will be monitoring by the Director of Admin Services and Health Agent During the last two weeks we have worked with the Department of Labor Standards on COVID-19 related complaints

The Public Health Nurse continues to provide updates to Public Safety on case management so our first responders are aware She has also been working on contract tracing and supervising the part-time temporary nurses who are assisting us with contract tracing and case management The Nurse also works with the Director of Administrative Services on updating the COVID-19 page of the Town website and answering questions the public may have The PHN continues to meet weekly with public safety and administration to provide updates to the first responders and answer questions

The Board of Health continues to meet weekly to address policy changes from the State and to stay in communication with staff and the Hamilton BOH

We continue to answer residents questions and concerns about the Statersquos guidance on reopening We also have increased communications about mosquito season

I want to conclude by acknowledging the hard work of the Board of Health staff They are under recognized when it comes to the hard work they do during a crisis The Health staff have been excellent communicators and very dedicated to safely continuing the services that allow our food service businesses to run septic systems to be inspected and COVID-19 cases to be managed and followed up on I thank them for their hard work patience and responsiveness during this situation

Page 2 of 7

Building Department

As of May 18 per the Governor all areas of construction have been reopened following the safety standards outlined by the state As of the fourth week of July we have reached normal summer volume for permits and inspections and expect to remain busy through the end of August depending on the pandemic Dodges Row Subdivision is progressing and is at approx 50 occupancy Several other single family new constructions and large scale remodels are in progress and will most likely seek occupancy by the fall We continue to encourage residents and contractors to utilize e-permitting and had minimal traffic when Town Hall was open as most contractors seem to be getting accustomed to e-permitting We have been providing customer service to contractors looking to submit their upcoming projects on the online permitting system as well as setting up in person pick up and drop off times outside or plans and permits This allows us to maintain physical distancing while permitting and continue assessing and collecting permitting fees We are keeping the counter clean and sanitized and working to conduct normal operations with the necessary cleaning and health protocols

Director of Administrative Services

The Director of Administrative Services has been tracking COVID-19 related spending and submitting for reimbursements to the State when monies are available updating the website and social media providing admin support to Public Health Nurse providing IT assistance to staff and BoardsCommittees as we continue remote business managing Zoom meetings for Boards and Committees answering questions and concerns from residents and providing customer service for the Board of Health for essential services (ie questions from food services establishments businesses and residents) and providing communication assistance between BOH staff elected BOH members other Department Heads and the Town Administrator and BOS

For the past three weeks Zoom calls were scheduled and managed for the BOS Joint Boards of Health and Wenham Board of Health Veterans Committee department head meeting and several internal meetings and scheduling the meetings on Zoom for several boards and committees for the next few weeks We still to date we have not had any so called ldquoZoom bombingrdquo incidents We have staff managing every Zoom call to prevent this from happening The Director of Administrative Services also provided assistance in connecting appointed and elected officials with Zoom The Director of Administrative Services also processed health and building permits invoiced and collected permit fees updated the website and assisted contractors and homeowners with online permitting The Director of Administrative worked on preparations and coordinating logistics for the Zoom Warrant Hearing and Annual Town Meeting which both went well and is now working on Town Meeting wrap up and the GFOA Budget submission

Executive Assistant to the Town Administratorrsquos Office ndash Nicci Roebuck

Highlights over this past week

bull Additions to the website including Board of Selectmen Zoom meeting information meeting agendas packets meeting minutes recent news etc

bull Created social media and website graphics bull Assisted the DPW with job posting in a variety of locations bull Preparation for opening of Town Hall bull Assisted the Town Administrator with BOS meeting agenda and meeting packet preparation including

Announcements Consent Agenda and assembly of this TA Report Assessors ndash Steve Ozahowski Principal Assessor

Irsquove continued with entering the newly constructed dwellings into the system

We had a BOA Zoom meeting and our new Chairperson is Lisa Craig

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 5: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 1 of 7

Town of Wenham

Board of Selectmen and Town Administrator Memorandum

TO Board of Selectmen FROM Anthony M Ansaldi Jr Town Administrator DATE July 28 2020 RE Town Administrator Report

Departmental Weekly Updates During COVID-19 Crisis

Administration

Director of Administrative Services ndash Jackie Bresnahan

Board of Health

The Health Agent and Assistant Health Agent are both working diligently to follow up on septic and food service related issues Additional guidance from the State and Federal Governments has been issued with every policy change and we are working to keep our food service establishments informed and up to date Several septic and building permit applications were reviewed and issued Soil testing for new and failing systems is also continuing The Health Agent has received several Title 5 and System Pumping reports that have been logged and several residents had questions or issues that the Health Agent responded to Several septic certificates of compliance have been issued The Assistant Health Agent has continued to conduct annual food service inspections as well as working on other code enforcement of establishments The Health Agent also provided guidance to the Board of Health at their meetings Weekly testing for Pleasant Pond began and those results will be monitoring by the Director of Admin Services and Health Agent During the last two weeks we have worked with the Department of Labor Standards on COVID-19 related complaints

The Public Health Nurse continues to provide updates to Public Safety on case management so our first responders are aware She has also been working on contract tracing and supervising the part-time temporary nurses who are assisting us with contract tracing and case management The Nurse also works with the Director of Administrative Services on updating the COVID-19 page of the Town website and answering questions the public may have The PHN continues to meet weekly with public safety and administration to provide updates to the first responders and answer questions

The Board of Health continues to meet weekly to address policy changes from the State and to stay in communication with staff and the Hamilton BOH

We continue to answer residents questions and concerns about the Statersquos guidance on reopening We also have increased communications about mosquito season

I want to conclude by acknowledging the hard work of the Board of Health staff They are under recognized when it comes to the hard work they do during a crisis The Health staff have been excellent communicators and very dedicated to safely continuing the services that allow our food service businesses to run septic systems to be inspected and COVID-19 cases to be managed and followed up on I thank them for their hard work patience and responsiveness during this situation

Page 2 of 7

Building Department

As of May 18 per the Governor all areas of construction have been reopened following the safety standards outlined by the state As of the fourth week of July we have reached normal summer volume for permits and inspections and expect to remain busy through the end of August depending on the pandemic Dodges Row Subdivision is progressing and is at approx 50 occupancy Several other single family new constructions and large scale remodels are in progress and will most likely seek occupancy by the fall We continue to encourage residents and contractors to utilize e-permitting and had minimal traffic when Town Hall was open as most contractors seem to be getting accustomed to e-permitting We have been providing customer service to contractors looking to submit their upcoming projects on the online permitting system as well as setting up in person pick up and drop off times outside or plans and permits This allows us to maintain physical distancing while permitting and continue assessing and collecting permitting fees We are keeping the counter clean and sanitized and working to conduct normal operations with the necessary cleaning and health protocols

Director of Administrative Services

The Director of Administrative Services has been tracking COVID-19 related spending and submitting for reimbursements to the State when monies are available updating the website and social media providing admin support to Public Health Nurse providing IT assistance to staff and BoardsCommittees as we continue remote business managing Zoom meetings for Boards and Committees answering questions and concerns from residents and providing customer service for the Board of Health for essential services (ie questions from food services establishments businesses and residents) and providing communication assistance between BOH staff elected BOH members other Department Heads and the Town Administrator and BOS

For the past three weeks Zoom calls were scheduled and managed for the BOS Joint Boards of Health and Wenham Board of Health Veterans Committee department head meeting and several internal meetings and scheduling the meetings on Zoom for several boards and committees for the next few weeks We still to date we have not had any so called ldquoZoom bombingrdquo incidents We have staff managing every Zoom call to prevent this from happening The Director of Administrative Services also provided assistance in connecting appointed and elected officials with Zoom The Director of Administrative Services also processed health and building permits invoiced and collected permit fees updated the website and assisted contractors and homeowners with online permitting The Director of Administrative worked on preparations and coordinating logistics for the Zoom Warrant Hearing and Annual Town Meeting which both went well and is now working on Town Meeting wrap up and the GFOA Budget submission

Executive Assistant to the Town Administratorrsquos Office ndash Nicci Roebuck

Highlights over this past week

bull Additions to the website including Board of Selectmen Zoom meeting information meeting agendas packets meeting minutes recent news etc

bull Created social media and website graphics bull Assisted the DPW with job posting in a variety of locations bull Preparation for opening of Town Hall bull Assisted the Town Administrator with BOS meeting agenda and meeting packet preparation including

Announcements Consent Agenda and assembly of this TA Report Assessors ndash Steve Ozahowski Principal Assessor

Irsquove continued with entering the newly constructed dwellings into the system

We had a BOA Zoom meeting and our new Chairperson is Lisa Craig

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 6: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 2 of 7

Building Department

As of May 18 per the Governor all areas of construction have been reopened following the safety standards outlined by the state As of the fourth week of July we have reached normal summer volume for permits and inspections and expect to remain busy through the end of August depending on the pandemic Dodges Row Subdivision is progressing and is at approx 50 occupancy Several other single family new constructions and large scale remodels are in progress and will most likely seek occupancy by the fall We continue to encourage residents and contractors to utilize e-permitting and had minimal traffic when Town Hall was open as most contractors seem to be getting accustomed to e-permitting We have been providing customer service to contractors looking to submit their upcoming projects on the online permitting system as well as setting up in person pick up and drop off times outside or plans and permits This allows us to maintain physical distancing while permitting and continue assessing and collecting permitting fees We are keeping the counter clean and sanitized and working to conduct normal operations with the necessary cleaning and health protocols

Director of Administrative Services

The Director of Administrative Services has been tracking COVID-19 related spending and submitting for reimbursements to the State when monies are available updating the website and social media providing admin support to Public Health Nurse providing IT assistance to staff and BoardsCommittees as we continue remote business managing Zoom meetings for Boards and Committees answering questions and concerns from residents and providing customer service for the Board of Health for essential services (ie questions from food services establishments businesses and residents) and providing communication assistance between BOH staff elected BOH members other Department Heads and the Town Administrator and BOS

For the past three weeks Zoom calls were scheduled and managed for the BOS Joint Boards of Health and Wenham Board of Health Veterans Committee department head meeting and several internal meetings and scheduling the meetings on Zoom for several boards and committees for the next few weeks We still to date we have not had any so called ldquoZoom bombingrdquo incidents We have staff managing every Zoom call to prevent this from happening The Director of Administrative Services also provided assistance in connecting appointed and elected officials with Zoom The Director of Administrative Services also processed health and building permits invoiced and collected permit fees updated the website and assisted contractors and homeowners with online permitting The Director of Administrative worked on preparations and coordinating logistics for the Zoom Warrant Hearing and Annual Town Meeting which both went well and is now working on Town Meeting wrap up and the GFOA Budget submission

Executive Assistant to the Town Administratorrsquos Office ndash Nicci Roebuck

Highlights over this past week

bull Additions to the website including Board of Selectmen Zoom meeting information meeting agendas packets meeting minutes recent news etc

bull Created social media and website graphics bull Assisted the DPW with job posting in a variety of locations bull Preparation for opening of Town Hall bull Assisted the Town Administrator with BOS meeting agenda and meeting packet preparation including

Announcements Consent Agenda and assembly of this TA Report Assessors ndash Steve Ozahowski Principal Assessor

Irsquove continued with entering the newly constructed dwellings into the system

We had a BOA Zoom meeting and our new Chairperson is Lisa Craig

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 7: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 3 of 7

Numerous calls were answered regarding excise tax bills as well as questions regarding the preliminary RE bills recently sent out

Some time was spent with a Longfellow Road resident who is having an issue with the planned betterment

Current RE activity is interesting at present there are five pending sales and we have had six closed sales since June 30 Two of the sales were at Spring Hill ($1250000 and $1379900) and one of the pending sales is an existing property (listed at $1675000)

There are 20 single family properties offered for sale in Wenham at present only five are under $1000000 Of those five two are at $849000 one at $669000 (which has a contingent offer to purchase) one at $569000 and a property at Longfellow offered at $389900 The starter home market in Wenham is almost non-existent

There are five properties offered with prices between $1m and $2m and ten properties offered at $2m and above (several have been on the market for extended periodshellip)

Council on Aging ndash Jim Reynolds Director

bull Continue providing local area elder service info amp resources Mon ndash Fri 9am ndash 4pm o Received 10 (same as previous weeks) social service and wellness calls in the last 2 weeks o Provided 60 rides or pick ups (4 less than the 2 weeks before) o Continue online Zoom 6 classes (1) Writing Class (2) Exercise classes (1) art class amp (2)

Meditation classes o HWCAM is broadcasting some taped Zoom classes and select exercise classes

bull Wenham Transit o Van runs the last 2 weeks include Post Office Mary Bethrsquos Day Spa Market Basket Shaws

CVS Acord Food Pantry YMCA Sterling Center Salvation Army Urgent Care Target Kohls Dollar Tree and Library Medical trips to Lahey Hospital at Beverly and Sports Medicine North

bull Weekly conference calls continue hosted by Seniorcare every Fridays AT 11am and Northern Essex County district every other Tuesday We participate in our Regional MCOA meeting every other week These are critical to staying informed

bull DirectorOutreach Coord phone calls ndash we make dedicated calls to homebound senior every week 1 hourday

bull Attending to needs of public housing residents making use of Seniorcarersquos Protective Services group for extreme situations IampR (information amp referral) and making referrals to the nutrition department every week 10 boxes (increase from 2 boxes) of USDA chicken and sausage were picked up at Seniorcare and delivered to our residents

bull Jenn deliver two weekly E-Wenhamite - newsletters She receives about 60 emailsweek bull We just hosted a Zoom call with Joanne McGinnis RN and owner of Aberdeen Home Care We

discussed the current state with COVID-19 and re-opening and we taped it and hope to have it up on HWCAM next week Joanne speaks regularly on a local radio show about issues of aging on 1049

bull Continue working on my File Project Painting my office the Durable Medical Equipment Loan Program and determining Formula Grant status with and the Executive Office of Elder Affairs

DPW ndash Bill Tyack Director

In addition to setting up for the town meeting we have been mowing paving some winter damage and repairing the trackless machine which needs a motor and clutch We are behind on rebuilding catch basins due to manpower

DPW Administrative Assistant ndash Sheila Bouvier

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 8: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 4 of 7

I continue to assist the Highway Water Facilities Cemetery and Tree Warden Departments with any requests that arise The DPW Water Cemetery and Tree Warden calls are forwarded from Town Hall directly to my Sprint Multiline I am answering any emails that I receive along with the daily inquiries from vendors contractors and residents and I keep a call log to help easily communicate and track these issues I continue to enter all departmental payroll timesheets and invoicesexpense reports for Highway Water Facilities Cemetery Iron Rail and Tree Warden Departments in Soft Right for warrant processing I did come into Town Hall this week to do the end of year warrant and some filing as I felt it was safe to do so since there would be no distancing issues with both Bill and Erik on vacation I have begun getting all the files set up for the FY21 Fiscal Year I am scheduling as well as billing for Final Water requests which have been increasing as properties are sold I continue to receive Water Usage Report requests from Contractors Coordinating of burial arrangements with Burial Agent for Main Street and Iron Rail Cemeteries as required Updating of the Cemetery database as needed I am monitoring the SeeClickFix database and responding to any issues that arise which includes coordinating with DPW Foreman Keith Carter I am in touch daily with both Erik Mansfield and Bill Tyack by phone and email

Facilities Manager ndash Michael Hrdy

Continuing execution of daily maintenance calls throughout town buildings Weekly sanitization of buildings and DPW vehicles with electrostatic sanitizing gun Installation of Plexiglass hand sanitizer Covid signage and sanitizing wipe stations throughout Town Hall in preparation of the opening to the public Keeping sanitizing and cleaning products fully stocked Working with Clean Team to ensure thorough disinfecting of buildings daily Daily monitoring both on site and through MetaSys of town buildings HVAC components Continued on call emergency maintenance service

Finance Department

Treasurer Collector ndash Sherrie LeBlanc

Another fast moving week here in the Finance department on Monday July 13th Janet and I spent all morning finishing up our FY 20 FY 21 split payroll We had done a huge chunk of it on Friday but then needed to add the Police Fire DPW OT Details and reserves because of all of the people who worked at Town Meeting We worked hard to ensure that it was submitted before our deadline Tuesday to make sure that everyone got paid Thursday the 16th Once that was complete and finished I processed and posted payments until I got the confirmation email from Harpers that I could continue and complete my payroll responsibilities I then print all the reports that need to be printed in Harpers and input them onto an offline excel spreadsheet to use to send proper funding to the banks for payroll and our payroll tax accounts Once all that is complete I then have to send the proper reports to our benefit companies and retirement That took most of the day on Monday Tuesday July 14th I was off vacation day Wednesday the 15th I spent going through emails posting the monies that had been coming in and reconciling some things I also had a meeting with Tim from AFLAC at 11 to go over a few miscellaneous items I then had a meeting with Eastern bank at 1245 to go over the new layout of their new online banking system After that we had our department head meeting which pretty much closed out the day Thursday July 16 I worked with Don on reconciling January 2020 items all morning He finally had the opportunity to show me how he does what he does when it comes to entering in items to begin to reconcile This is a piece I have been waiting to learn and I am excited that I am finally getting there The rest of my day Thursday was spent creating the new merit personnel action forms and trying to calculate everyonersquos FY20 merit retro pay and their new FY 21 rates Friday July 17 I worked on going through emails posting monies coming in adjustments that Don gave me for interest income for January 2020 and turnovers Overall very busy and productive week yet again here in the finance office Thx

Asst Treasurer CollectorPayroll and Benefits Coordinator ndash Janet Sacco

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 9: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 5 of 7

This week was very busy in the finance office We started off the week with payroll which was very time consuming as it was a split payroll meaning we had to calculate a portion of the pay at our old rate and a portion at the new rate which included COLA We also spent time this week on calculating merit increases and final hourly numbers as the payroll on 723020 is the first payroll with all the final changes I also compiled all the new PAFrsquos which reflect all the changes made I worked on getting the payroll deductions for our Flexible Spending accounts sorted out so now we can just provide them with an ACH so the Monies will be available to our employees very quickly 1st quarter tax payments have been coming in steady as well as Century Lockbox so payments are getting posted as soon as they come in Worked on defining the contents of the MIIA Trust Agreement for the Selectmen to sign on Tuesday evening In between tasks I worked on making hard copies of all of our benefit packets to have them here in the office in the event an employee comes in there will be packets to clarify questions

Interim Finance Director and Town Accountant ndash Chris Holak

As Finance DirectorTown Accountant this week I have been working on closing out FY20 I processed the last FY20 AP Warrant on July 14th and have been working with departments on funds that need to be encumbered into FY21 After Town Meeting on Saturday I have also been creating the FY21 budget import file to get all of the expense budgets set up in Softright (Accounting Software) and processed the first AP warrant of FY21 I have processed the last payroll warrant which was a split payroll since there were days in both June and July in this pay period I have processed the year end transfers that both the Finance Committee and the Board of Selectmen approved at their respective meetings and posting all cash receipts to the GL

Fire Department ndash Steve Kavanagh Chief

The department responded to several fire alarms and several medical calls with one of the medicals being of serious nature I am pleased to report that there were no Covid-19 related calls in the past week Since the restrictions have been lifted by the State for inspections the department has been very busy trying to keep up with the demands for all inspections I continue to have zoom meetings with the Town Administrator Director of Administrative Services Board of Health and Police to stay up to date with any changes with the Covid-19 pandemic

It was very gratifying to hear from the residents on how well the Annual Town Meeting was set up and presented It was a job well done by all Department Heads and related staff and kudos to Anthony for keeping on top of all the details and timelines to get this meeting done

The department held their first training session on Wednesday July 15th We have not held a training session since March due to Covid-19 and it was very nice to get the firefighters together and train as a group while of course maintaining social distancing and wearing face coverings

The senior staff just completed a round of interviews with four candidates for the positions of Provisional Call Firefighters and I will be presenting their names at the Selectmenrsquos meeting slated for July 21 2020 If appointed the Provisional Call Firefighters will start the intern program pending their Firefighter physicals and CORI checks The department looks forward on having these candidates join our team

As usual to keep our firefighters safe we continue to wipe down all surfaces and handles throughout the station with Clorox wipes We also continue to fog the station and vehicles twice a week to sanitize everything As always I will work closely with the Town Administrator Director of Administrative Services Police and the Board of Health during this pandemic

Land Use Department bull Processing ZBA projects

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 10: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 6 of 7

o 96 Maple St Variance bull Processing Planning Bd Projects and facilitating July 9 Planning Bd meeting

o 60 Arbor St hearing continued to August 13 Site visit on July 14

o 51 Cherry St Special Permit ndash Hammerhead lot and Common Driveway hearing scheduled for August 13

o 47 Maple Street ndash Preliminary Subdivision has been withdrawn bull Hosted zoom meeting for Planning Bd bull Assisting Con Com Coordinator to facilitate Spring Hill Erosion issues bull Updates to Town Website ndash Covid 19 Small Business resources bull Responding to resident inquiries regarding Zoning and Planning bull Processing invoices and payroll bull Researching grant opportunities for Regulation updates

Conservation and Open Space Coordinator - Missy Berry

bull Staffed and hosted the July 13 Conservation Commission meeting bull Worked with commission to collect electronic signatures on outstanding permits bull Continued to coordinate with National Grid and the Food Project on electricity easement and form of

license bull Continued to monitor Cease and Desist Oder to Spring Hill and communicated with developer MA

DEP Conservation Commission and peer reviewer on fixing erosion control issues on the site Worked with Spring Hill and DEP to evaluate erosion control plan updates and progress on additional Enforcement Order requirements

bull Handled several resident inquiries regarding Conservation Commission jurisdiction and permits bull Continued to review building permits for Conservation Commission jurisdiction bull Continued to review and edit the town wide trail mapping deliverables from the Center for Community

GIS Coordinated with ECTA on publishing of public trail maps and adding missing trails to maps bull Worked on draft Tree Removal Policy for the Conservation Commission

Library ndash Kim Butler Director

bull The month of June saw a significant uptick in circulation as the holds pick-up window continues to be a big success June circulation = 6831 items ndash this is just Hamilton-Wenham items and patrons as borrowing between libraries has not restarted Staff also checked in 10327 returns in June and residentscard holders placed 12549 holds

bull We will be expanding the hours for the holds pick-up window starting Monday July 20 Hours will now be Monday 1000-400 Tuesday Wednesday amp Thursday 1000-700 Friday 1000-400

bull The online summer reading program has been a big success We have 465 people signed up of all ages with 160593 minutes read The goal is to reach 500000 minutes read by the end of the summer There is also a friendly competition between the local schools to see which school will read the most this summer So far Miles River is in the lead with Cutler hot on their tail There will be a ldquohouse cuprdquo trophy given to the winning school

bull The Merrimack Valley Library Consortium membership committee (made up of consortium directors) will take a virtual vote on Friday July 17 to reinstate the consortium wide hold button that had been removed when libraries began curbside pick-up There should also be a vote taken to reinstate inter-library loan between libraries I am hopeful that that service will resume next week but no date is

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 11: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Page 7 of 7

official yet There is a large backlog of holds (over 900 items) that we will need work on but staff is ready to take this on

bull We are targeting Tuesday August 11 as a tentative re-opening date this will be contingent on any changes made by the governor We will be limited in capacity the amount of time patrons will be allowed to stay in the building and the services that we will be able to offer Staff are working to prepare the building to create the most space and social distancing possible

Police Department ndash Tom Perkins Chief

The patrols and administration spent many hours prepping and working Town Meeting This appears to be time well spent as operationally all reports indicate success The Detective has been very busy with some significant cases involving multiple interviews We continue preparations for our Accreditation assessment at summers end Dept Chief DiNapoli completed and applied for Corona Virus Emergency Supplemental Funding Grant for over 24 thousand dollars for additional personal protective gear Cruiser repairs postponed in June for a lack of funding are proceeding now with the replenishment of the fy21 budget The Administration is working with Union Officials over training hours needing to be made up do to in-service training being cancelled It appears that encumbrance from fy20 should cover the expense

Town Clerk ndash Dianne Bucco

See the attached Fall Voting information I have been working to pull together for residents

Water Department ndash Erik Mansfield

The Water Department has been performing our daily testing and well checks String trimming around hydrants tanks and the wells is ongoing throughout the summer Meter reading throughout town began last week and should be completed by next week Even with the recent rain the water ban remains in place as the Ipswich River flow is still below the MassDEP threshold Sheila is once again back at her desk and we are happy to see her return to the office

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 12: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

FALL 2020 ELECTIONS ndash VOTER OPTIONS GUIDE

On July 6th the Governor signed new legislation - An Act relative to voting

options in response to COVID This legislation outlines three options for voting

in the fall 2020 elections Vote by Mail Vote Early or Vote on Election Day

Details of each election

State Primary Election Presidential Election

Date Tuesday September 1 2020 Tuesday November 3 2020

Polling Location TBD TBD

Voting hours 7am-8pm 7am-8pm

Deadline to register to vote Saturday August 22 2020 Saturday October 24 2020

Deadline to apply for mail in

ballot

Wednesday August 26 2020 5pm Wednesday October 28 2020 5pm

Last minute to vote absentee

in office

Monday October 31 2020 NOON Monday November 2 2020 NOON

Sample ballots will be able to be seen here as soon as they arrive

Vote by Mail All voters qualify for mail in voting in the fall 2020 elections Application post cards will be mailed to all

registered voters who have not already applied to receive a vote by mail ballot

Applications can be returned by mail placed in the tax box outside of the Town Hall or emailed

to dbuccowenhammagov

APPLY EARLY to allow ample time for processing your application and for the postal services to deliver

your ballot to you Voters who receive a vote by mail ballot but do not return it prior to Election Day may

appear to vote in person to cast a ballot Any voter that has returned a vote by mail ballot (or voted early in

person) cannot vote on Election Day

SELECTION OF BALLOT TYPES - PRIMARY ELECTION ONLY In a primary election a voter who is NOT registered in a political party (or is unenrolled or independent)

must specify the party ballot type of choice on the application to vote by mail or in person voting We are

unable to process vote by mail applications for unenrolled voters who do not select a party ballot

type Unenrolled voters will not become registered in that party They remain unenrolled voters Voters

who are registered in one of the 4 political parties (Democrat Republican Green-Rainbow and Libertarian)

MUST take that party ballot and are not given a choice of ballot type - verify your party

enrollment or change your party enrollment prior to the deadline to register to vote and before applying for a

mail in ballot

TRACK YOUR APPLICATION AND BALLOT

Voters who have applied for a vote by mail ballot may use this link to track the status of their application as

well as their ballot status (mailed received back)

RETURN OF VOTE BY MAIL BALLOTS Mailed Ballots include a postage pre-paid return ballot envelope that is addressed to the Town Clerks

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 13: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Office You may return your ballot by mail (see deadlines below) or hand deliver your ballot by placing it

in the tax box outside of the Town Hall (deadline is close of polls on Election Day) Ballots can NOT be

returned to the polling location on Election Day Ballots must be returned to the Town Clerkrsquos Office

for processing before they are delivered to the polls to be cast on Election Day Voters who receive a

vote by mail ballot but do not return it prior to Election Day may appear to vote in person and cast a ballot

on Election Day Any voter that has returned a vote by mail ballot (or voted early in person) is not permitted

to appear to vote in person on Election Day

Deadlines for ballots to be returned and counted

Primary Election - All ballots must be received at Town Hall by 8PM on September 1st

November Election -

Ballots returned in the tax box must be received by 8PM on November 3rd

Ballots returned by mail must be postmarked by November 3rd AND received by the Town

Clerk by 5PM on November 6th

Please note that US Postal delivery services are not consistent and can range from 3 to 11 days We

recommend voters return their ballots in the tax box outside of the Town Hall by 8PM on Election Day to

ensure it arrives back to us in time to count

Vote by mail ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will

be available after the Secretary of State provides regulations on processing ballots before Election Day

Vote Early Early Voting in person will be available for the fall 2020 elections during the State mandated time

periods An application is not required to vote early in person

State Primary Election Early Voting in Person Period August 22nd - 28th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 822 TBD

Sunday 823 TBD

Monday 824 TBD

Tuesday 825 TBD

Wednesday 826 TBD

Thursday 827 TBD

Friday 828 TBD

Presidential Election Early Voting in Person Period October 17th - 30th

Location Town Hall ndash 138 Main Street

Day Date Hours

Saturday 1017 TBD

Sunday 1018 TBD

Monday 1019 TBD

Tuesday 1020 TBD

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 14: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Wednesday 1021 TBD

Thursday 1022 TBD

Friday 1023 TBD

Saturday 1024 TBD

Sunday 1025 TBD

Monday 1026 TBD

Tuesday 1027 TBD

Wednesday 1028 TBD

Thursday 1029 TBD

Friday 1030 TBD

Please note that because of space limitations no more than 4 voters will be allowed in Town Hall to vote

early any time

Early vote ballots will be opened and inserted into a tabulator before Election Day or fed through the

tabulators at the polls on Election Day These ballots will be kept secured locked and unexamined until the

polls are closed on Election Day More information on how Wenham intends to process these ballots will be

available after the Secretary of State provides regulations on processing ballots before Election Day

Vote on Election Day The polling place for the 2020 fall elections has not been decided yet Once it is it will be posted here

The voter flow at the polling place will take into consideration all precautions to keep the voters and election

workers safe

bull Wear a Face Covering

bull Bring a Pen ndash Black ink sharpie or Paper Mate Flair (if you donrsquot want to borrow one)

bull Bring a Clip Board or Book to mark your ballot on (if you donrsquot want to use a Voting Booth)

bull Bring an ID ndash in some cases voters will be required to show an ID

bull Donrsquot touch your face while at the polling location

bull Maintain Physical Distancing ndash keep 6rsquo away from anyone not from your household

bull Keep your ballot dry and free from hand sanitizers ndash to avoid tabulator issues bull Educated voters will reduce the amount of time necessary in the voting booths and reduce lines and

crowding while voting Sample ballots will be here when they become available

bull At the Primary in September Unenrolled Independent voters will need to choose which primary

ballot type they want to vote on) Voters who are registered in a particular party (Democrat Republican

Green-Rainbow and Libertarian) MUST take that party ballot type - verify your party enrollment or change

your party enrollment

FAQ If I applied for a vote by mail ballot can I appear to vote in person at an early voting site or at the polls on

Election Day

If your vote by mail ballot has not been received back to the Town Clerkrsquos Office ndash YES you may

still appear to vote in person at the polls on Election Day These voters will be required to complete

additional paperwork and will need to show an ID Should your mail in ballot be received after you

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 15: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

voted early in person or at the polls on Election Day that ballot will be rejected and will not be

counted

If a vote by mail ballot has already been received back by the Town Clerkrsquos Office ndash NO

A returned vote by mail ballot is considered cast and you will not be eligible to vote by mail early in

person or in person at the polls on Election Day

If I vote early in person can I appear to vote in person at the polls on Election Day

NO - If you appeared to vote early in person your ballot will be considered cast and you will not be

eligible to vote by mail or in person at the polls on Election Day Voting in Person at the Polls after

submitting an early ballot is prohibited as outlined in 950 CMR 4 719

When amp how is an early voters ballot cast

All vote by mail and early voting in person ballots will be opened and inserted into a tabulator before

election day or fed through the tabulators at the polls on election day These ballots will be kept

secured locked and unexamined until the polls are closed on Election Day

More information on how Wenham intends to process these ballots will be available after the

Secretary of State provides regulations on processing ballots before Election Day

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 16: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business - Appointments Provisional Intern Call Firefighters Requested by Fire Chief Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint Andrew C Mazza Matthew D Bean Marissa K

Meade and Allison R Boulouise as provisional intern call firefighters effective July 28 2020

Additional Information

Attached is Chief Kavanaghrsquos letter to request these four candidates to start the intern program for the Wenham Fire Department

Board Action

Motion Second In favor Opposed Disposition

B1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 17: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business - Appointments Cemetery Commission Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the

Cemetery Commission effective July 28 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Cemetery Commission

Board Action

Motion Second In favor Opposed Disposition

B2 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 18: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

William

Joseph

Wilson

Town of Wenham Appointment or Re-Appointment RequestThank you for your interest in volunteering on a Board or Committee for the Town of Wenham All responses will be reviewed by the Board of Selectmen and you will be contacted with any questions

Completion of this form in no way assures appointment or re-appointment All committee vacancies will be filled by citizens deemed most qualified to serve in a particular capacity Please reference any experience or affiliations here to ensure that selections may be made on the best possible evaluation of interests and special qualifications You are welcome to email a letter of interest cover letter or resume if applicable to nroebuckwenhammagov

For more information on specific Boards amp Committees in Wenham please visit httpwenhammagovtown_governmentboards_and_committeesindexphp

For a current list of Board amp Committee openings in Wenham please visithttpwwwwenhammagovjob_and_volunteer_opportunities_in_wenhamvolunteer_opportunitiesphp

First Name

Middle Name or Initial

Last Name

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 19: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

19 Lake Ave

9784681891

wjwilson43comcastnet

Appointment

Re-Appointment

Address

Best Phone Number

Email Address

Appointment or Re-Appointment Request

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 20: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Board of Registrars

Cemetery Commission

Community Preservation Committee

Conservation Commission

Council on Aging Board

Finance amp Advisory Committee

Hamilton-Wenham Community Access amp Media

Hamilton-Wenham Cultural Council

Hamilton-Wenham Joint Recreation Committee

Historic District Commission

Iron Rail Commission

Open Space amp Recreation Committee

Veterans Committee

Wenham Affordable Housing Trust

Wenham Connects

Wenham Housing Authority

Wenham Issues of Social Service Help (WISSH)

Zoning Board of Appeals

Retired

Town Board or Committee of Interest

Present Business Affiliation amp Work

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 21: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Electrical Engineer Retired Naval Officer Program Manager

Veterans Committee Cemetery Commission Open Space Committee Election Officer

Yes

No

This content is neither created nor endorsed by Google

Business Experience Education amp Special Training

Town Office Held in Wenham (or elsewhere)

Im interested in participating in the Citizens Leadership Academy

Forms

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 22: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business - Appointments Wenham Issues of Social Service Help (WISSH) Requested by Ex Asst to TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as a member of the Wenham Issues of

Social Service Help (WISSH) effective July 21 2020 through June 30 2023

Additional Information

This is the annual appointment process for the Wenham Issues of Social Service Help (WISSH)

Board Action

Motion Second In favor Opposed Disposition

B3 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 23: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

From Thomas TanousTo Nicole RoebuckSubject Re Non-Union Employee Performance EvaluationsDate Wednesday June 10 2020 104130 AM

OK will do as soon as I can Tom T

Also I would like to continue to serve on the Wissh committee

-----Original Message-----

From Nicole Roebuck ltNRoebuckwenhammagovgt

To Tom Tanous (ttnousaolcom) ltttnousaolcomgt

Cc Anthony Ansaldi ltAAnsaldiwenhammagovgt

Sent Wed Jun 10 2020 824 am

Subject Non-Union Employee Performance Evaluations

Good Morning Tom You are receiving this message as the Department Head or Board Chair in a supervisory role of aTown of Wenham non-union employee Anthony asked that I email the attached Non-UnionEmployee Performance Evaluation form to you for completion by you and your board for both Steveand Shirley Please return to us after your next meeting and as soon as you are able Let me know ifyou have any questions Thank youNicci

Nicci RoebuckExecutive AssistantTown Administratorrsquos Office Town of Wenham138 Main Street Wenham MA 01984978-468-5520 x2

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 24: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business - Appointments Town Clerk - Election Officers Requested by Town Clerk Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as Election Officers effective

September 1 2020 through August 31 2021

Additional Information

This is the annual appointment process for the Town Clerks Election Officers

Board Action

Motion Second In favor Opposed Disposition

B4 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 25: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

From Dianne BuccoTo Nicole RoebuckSubject election officers 91-8312021Date Wednesday July 15 2020 113317 AMAttachments 2021 EOpdf

I am requesting that the attached list of Election officers be appointed for a one year

term from 91202 through 8312021

Thank you Dianne K Bucco

PS I cleaned up the list a bit thank you

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 26: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 27: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Judith H Bubriski j2bubriskiaolcom

Joseph P Cavanaugh jcavanausantanderus

Julie M Clay Julieclaycomcastnet

Karen M Damour kmdamouryahoocom

Juliana F Dodge wdodgecomcastnet

Laurie A Erhard jlerhardverizonnet

Dorothy A Goudie dgoudiejbarrettrealtycom

Susan Herrick susan52herrick01gmailcom

Peter A Hersee pherseeaolcom

Diana E Lang ghostwriter43verizonnet

Patricia M Lucy lucypat4gmailcom

Donald F Luxton pmr01984verizonnet

Joanne B Maestranzi jmaestranzihotmailcom

Cynthia Mears crmearsmsncom

Susan Mehlin smehlinaolcom

Leonardo Pereda lperedabenaventegmailcom

Patricia K Purdy Patricia18kelleygmailcom

Stephanie B Quinn resbqverizonnet

Susan Rocca susanzoombearcom

Evelyn M Simpson evelynsimpsoncomcastnet

Lauren M Swartz lds216gmailcom

Thomas Tanous ttnousaolcom

Lily Ting lilyc653gmailcom

Teresa A Von Staats tvonstaatscomcastnet

William J Wilson III wjwilson43comcastnet

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 28: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business - Appointments Affordable Housing Trust (Selectmenrsquos representative) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen appoint _______________ as their representative to the

Affordable Housing Trust effective July 28th through June 30 2022

Additional Information

This is the annual appointment process for the Selectmenrsquos representative to the Affordable Housing Trust

Board Action

Motion Second In favor Opposed Disposition

B5 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 29: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndash Housing Authority Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

failure to elect by the Town Clerk and further to give notice to said remaining members of

the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting

with the intent to fill said vacancy through the 2021 Annual Town Election by joint

appointment to be made on Tuesday September 8 2020 at 630PM and further to invite

qualified registered voters of the Town of Wenham to apply for said appointment and to be

interviewed at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of a failure to elect for the Wenham Housing Authority Upon receipt of the notice the BOS shall notify the remaining members of the WHA that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 1 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C1 Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 30: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

From Dianne BuccoTo Nicole RoebuckSubject Wenham Housing AuthorityDate Wednesday July 15 2020 110119 AM

Mark Carleo received 760 votes in the Local Election on June 25 2020

On June 26 2020 he was sent a congratulatory email detailing what was now

required of him

I did not get a response

ON June 29 2020 I received notification that he registered to vote in Beverly

I called him and he confirmed that he moved out of Wenham

He is unable to serve so at this point there is a vacancy on the Wenham Housing

Authority

This vacancy is a 4 year term to complete the unexpired term of Arthur Burt

Dianne K Bucco CMCCMMCWenham Town ClerkJustice of the Peace138 Main Street Wenham MA 01984978-468-5520 x1dbuccowenhammagovwwwfacebookcomWenhamTownClerk

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 31: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020 Chairman Bruce Blanchard Wenham Housing Authority Dear Mr Blanchard Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder provided by the Town Clerk of a failure to elect a Wenham Housing Authority board member Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Housing Authority that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website Sincerely Jack Wilhelm Chairman Board of Selectmen Enclosures Cc Town Clerk

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 32: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

PUBLIC NOTICE

Housing Authority Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Housing Authority will meet jointly on Tuesday September 1 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Housing Authority through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 1 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 33: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

7222020 General Law - Part I Title VII Chapter 41 Section 11

httpsmalegislaturegovLawsGeneralLawsPartiTitleVIIChapter41Section11 11

Part I ADMINISTRATION OF THE GOVERNMENT

Title VII CITIES TOWNS AND DISTRICTS

Chapter 41 OFFICERS AND EMPLOYEES OF CITIES TOWNS ANDDISTRICTS

Section 11 APPOINTMENT TO FILL VACANCY IN TOWN OFFICE

Section 11 As used in this section the term vacancy includes a failureto elect If a vacancy occurs in any town office other than the office ofselectman town clerk treasurer collector of taxes or auditor theselectmen shall in writing appoint a person to fill such vacancy If there isa vacancy in a board consisting of two or more members except a boardwhose members have been elected by proportional representation underchapter fifty-four A the remaining members shall give written noticethereof within one month of said vacancy to the selectmen who withthe remaining member or members of such board shall after one weeksnotice fill such vacancy by roll call vote The selectmen shall fill suchvacancy if such board fails to give said notice within the time hereinspecified A majority of the votes of the officers entitled to vote shall benecessary to such election The person so appointed or elected shall be aregistered voter of the town and shall perform the duties of the officeuntil the next annual meeting or until another is qualified

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 34: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 14

Part I ADMINISTRATION OF THE GOVERNMENT

Title XVII PUBLIC WELFARE

Chapter 121B HOUSING AND URBAN RENEWAL

Section 5 HOUSING AND REDEVELOPMENT AUTHORITIESMEMBERSHIP APPOINTMENT ELECTION TERM OF OFFICE

Section 5 Every housing and redevelopment authority shall be managedcontrolled and governed by five members appointed or elected asprovided in this section of whom three shall constitute a quorum Everymember of a housing or redevelopment authority shall be a fiduciary ofthe housing or redevelopment authority

In a city four members of a housing or redevelopment authority shall beappointed by the mayor subject to confirmation by the city councilprovided that the members shall be appointed to serve for initial termsof one two four and five years respectively

In a town 3 members shall be elected by the town provided that of themembers originally elected at an annual town meeting the one receivingthe highest number of votes shall serve for five years the one receivingthe next highest number of votes for four years and the one receiving thenext highest number of votes for two years provided that upon theinitial organization of a housing or redevelopment authority if a town sovotes at an annual or special town meeting called for the purpose four

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 35: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 24

members of such an authority shall be appointed forthwith by theselectmen to serve only until the qualification of their successors whoshall be elected at the next annual town meeting as provided above

In a city or town one member of a housing or redevelopment authorityshall be appointed by the department for an initial term of three years Ifthe department does not fill a vacancy in the position of that memberwithin 120 days from the date that the vacancy is created the board ofselectmen shall appoint in writing a person by a majority vote to fillsuch vacancy for the unexpired term In a city the mayor shall appoint aperson subject to confirmation by the city council for the unexpired term

Thereafter as the term of a member of any housing or redevelopmentauthority expires his successor shall be appointed or elected in the samemanner and by the same body for a term of five years from suchexpiration Membership in a housing or redevelopment authority shall berestricted to residents of the city or town

In a city one of the four members of a housing authority appointed by themayor shall be a resident of that city and shall be a representative oforganized labor who shall be appointed by the mayor from a list of notless than two nor more than five names representing different unionssubmitted by the Central Labor Council AFLndashCIO and the InternationalBrotherhood of Teamsters Chauffeurs Warehousemen and Helpers ofAmerica of the city or of the district within which the city is included Ifno such list of names is submitted within sixty days after a vacancyoccurs the mayor may appoint any representative of organized labor ofhis own choosing to the authority In a city one of the four members of ahousing authority appointed by the mayor shall be a tenant in a buildingowned and operated by or on behalf of the local housing authority who

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 36: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 34

shall be appointed by the mayor from lists of names submitted by eachduly recognized city-wide and project-wide tenants organization in thecity A tenants organization may submit a list which contains not lessthan two nor more than five names to the mayor who shall make hisselection from among the names so submitted provided that where nopublic housing units are owned and operated by the local housingauthority and no such units are owned and operated on behalf of the localhousing authority the mayor shall appoint any tenant of the housingauthority from lists submitted in accordance with this section If no list ofnames is submitted within sixty days after a vacancy occurs the mayorshall appoint any tenant of his choosing to the authority The mayor shallnotify in writing tenant organizations as specified herein not less thanninety days prior to the expiration of the term of a tenant memberWhenever a vacancy occurs in the term of a tenant member for anyreason other than the expiration of a term the mayor shall notify inwriting the tenant organizations specified herein within ten working daysafter the vacancy occurs The mayor shall make an appointment within areasonable time after the expiration of sixty days after said notice

Vacancies other than by reason of expiration of terms shall be filled forthe balance of the unexpired term in the same manner and by the samebody except elected members in towns whose terms shall be filled inaccordance with the provisions of section eleven of chapter forty-oneEvery member unless sooner removed shall serve until the qualificationof his successor

As soon as possible after the qualification of the members of a housing orredevelopment authority the city or town clerk as the case may be shallfile a certificate of such appointment or of such appointment andelection as the case may be with the department and a duplicate thereof

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 37: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

7222020 General Law - Part I Title XVII Chapter 121B Section 5

httpsmalegislaturegovLawsGeneralLawsPartITitleXVIIChapter121bSection5 44

in either case in the office of the state secretary If the state secretaryfinds that the housing or redevelopment authority has been organized andthe members thereof elected or appointed according to law he shall issueto it a certificate of organization and such certificate shall be conclusiveevidence of the lawful organization of the authority and of the election orappointment of the members thereof

Whenever the membership of an authority is changed by appointmentelection resignation or removal a certificate and duplicate certificate tothat effect shall be promptly so filed A certificate so filed shall beconclusive evidence of the change in membership of the authorityreferred to therein

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 38: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndash Water Commission Procedure to Fill Vacancy Until April 2020 Annual Town Election Requested by Town Administrator Action Sought Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote pursuant to MGL C41sect11 to receive the notice of

vacancy by the Town Clerk and further to give notice to said remaining members of the

Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with

the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to

be made on Tuesday September 8 2020 at 630PM and further to invite qualified

registered voters of the Town of Wenham to apply for said appointment and to be interviewed

at said joint meeting

Additional Information

In accordance with MGL C121B sect5 and C41 sect11 the Town Clerk has notified the BOS of resignation of Paul Mendonca from the Wenham Water Commission Upon receipt of the notice the BOS shall notify the remaining members of the Water Commission that they shall convene a joint meeting with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on September 8 2020 at 630 PM and further to invite qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting

Board Action

Motion Second In favor Opposed Disposition

C2Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 39: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

From Dianne BuccoTo Nicole RoebuckSubject Mendonca Resignation BelowDate Wednesday July 15 2020 105131 AM

-------- Original message --------From Paul Mendonca ltpaulemendoncagmailcomgtDate 43020 2146 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgtCc Marc Liphardt ltmliphardthotmailcomgt Ashley ErnestltAshleyECcdmsmithcomgtSubject Re Zoom Meeting

Gentlemen Please accept my resignation as I am no longer a resident of Wenham It was apleasure to serve with such knowledge members Thank you Paul Mendonca

On Thu Apr 30 2020 549 PM Erik Mansfield ltEMansfieldwenhammagovgt wrote

Ill set it up with Jackie tomorrow and send you an invite Ill also send out a draft agenda

Sent from my Sprint Samsung Galaxy S20 5G

-------- Original message --------From Marc Liphardt ltmliphardthotmailcomgtDate 43020 1745 (GMT-0500)To Erik Mansfield ltEMansfieldwenhammagovgt Ashley ErnestltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtSubject Re Zoom Meeting

Im wide open also Let me know what works for you guys We can also use my videoconference bridge

Get Outlook for iOS

From Erik Mansfield ltEMansfieldwenhammagovgtSent Thursday April 30 2020 111904 AMTo Ashley Ernest ltAshleyECcdmsmithcomgt Paul Mendonca ltpaulemendoncagmailcomgtMarc Liphardt (mliphardthotmailcom) ltmliphardthotmailcomgtSubject RE Zoom Meeting

Yes Not that much paperwork to sign Havenrsquot been buying anything and not that many

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 40: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Town of Wenham Town Hall

138 Main Street Wenham MA 01984

__________________________________

Board of Selectmen and Town Administrator

TEL 978-468-5520 x2 FAX 978-468-8014

July 28 2020

Chairman Ernest C Ashley Wenham Water Commission

Dear Mr Ashley

Please know that at its meeting on July 28 2020 the Board of Selectmen voted pursuant to MGL C41sect11 to receive the notice thereunder given by the Town Clerk of the vacancy on said board createdby the resignation of Paul Mendonca

Further the Board of Selectmen then voted to give this notice to the remaining members of the Wenham Water Commission that the Board of Selectmen shall convene a joint meeting with your board with the intent to fill said vacancy through the 2021 Annual Town Election by joint appointment to be made on Tuesday September 8 2020 at 630 PM in a to be determined meeting format

The Board of Selectmen is inviting qualified registered voters of the Town of Wenham to apply for said appointment and to be interviewed at said joint meeting and a notice to that effect will be posted at the Townrsquos website

Sincerely

Jack Wilhelm Chairman Board of Selectmen

Enclosures

Cc Town Clerk

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 41: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

PUBLIC NOTICE

Water Commissioner Vacancy to be Filled by Joint Appointment

The Board of Selectmen and the remaining members of the Wenham Water Commission will meet jointly on Tuesday September 8 2020 at 630 PM in a to be determined format to vote pursuant to MGL C41sect11 to fill a vacancy on the Wenham Water Commission through the 2021 Annual Town Election

Qualified registered voters of the Town of Wenham are invited to apply for this appointment Applicants will be interviewed at the September 8 2020 joint meeting

Town board application forms are available at the office of the Board of SelectmenTown Administrator Town of Wenham 138 Main Street Wenham MA 01984 Completed forms should be returned to that office by not later than noon on Wednesday August 27 2020 and applicants should attend the joint meeting for interview

Jack Wilhelm Chairman Board of Selectmen

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 42: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndash Special Town Meeting (Fall 2020) Discussion and potential approval of a date for Special Town Meeting (Fall 2020) Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Special Town

Meeting

Additional Information

Board Action

Motion Second In favor Opposed Disposition

D Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 43: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndash 2021 Annual Town Meeting amp Election Discussion and potential approval of a date for 2021 ATM amp ATE Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen select ___________________ as a date for the Annual Town

Meeting and ________________ for the Annual Town Elections

Additional Information

Board Action

Motion Second In favor Opposed Disposition

E Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 44: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndashCable Licensing Renewal Legal Services Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal Requested by TA Action Sought DiscussionApproval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the agreement with Attorney William Solomon for legal

services on the Verizon Cable Licensing Renewal Process

Additional Information

The townrsquos cable television license with Verizon will expire May 22 2021 Included in the packet are notifications from the state and Verizon regarding the renewal Also included yoursquoll find a suggested timeline for the remaining negotiation period and a proposed services agreement with Attorney Bill Solomon to represent the townrsquos interest in the negotiations with Verizon Attorney Solomon will collaborate with Bill Melville Executive Director of HWCA and Attorney Bill August recently approved to represent Hamilton through the process and also represented Wenham throughout a successful negotiation of the Comcast cable license agreement through 2025 ensuring the best possible scenario for both towns

Board Action

Motion Second In favor Opposed Disposition

F John

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 45: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

DraftInformal memo for June 18 2020 conference call

1

RE Hamilton Wenham Verizon cable license renewal DATE June 17 2020 FROM Bill August Esq This responds to a request for a cable license renewal timeline and preliminary estimated costs The following includes attorney work product and attorney client communications regarding future negotiations subjects and is not in a form for circulation to other parties I have included some detailed discussion of the nature of the work about to be undertaken as an orientation to enable the Towns to better understand the process and hopefully lsquohit the ground runningrsquo if authorized to proceed as well as timeline and estimated hours of work on different components of the renewal process1 While the timeline shows services and estimated costs anticipated for both Towns renewal negotiations does take some unpredictable twists and turns so the following is a good faith projection but not a immutable template Also consistent with Bill August representing Hamilton in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the below mutually agreed upon coordination framework

1 July 1 ndash July 15th ndash Comparison of Current HW Verizon amp Comcast licenses as part of lsquoLevel Playing Fieldrdquo Analysis Outline of existing license key terms The Hamilton Wenham (ldquoHWrdquo) cable licenses are subject to lsquolevel playing fieldrsquo clauses and considerations making it advisable to lower (not eliminate) the risk of the upcoming Verizon renewal licenses not being substantially equivalent to the Comcast 2015 licenses By pursuing reasonable equivalency (notwithstanding some material differences) we lessen the likelihood of Comcast exercising lsquolevel playing fieldrsquo rights to reduce its obligations to lower Verizon levels when equivalency is not maintained This requires review and outlining of existing HW Comcast licenses for key financial impact terms to use as baseline for what we negotiate with Verizon (3 hours) and outlining of both Verizon licenses (2 hours) and preparation of a Level Playing Field analysis (multiple factors are usually

1 The Cable Act provides for two approaches to renewal

1) Use of the lsquoinformal renewal processrsquo which includes ascertainment of needs public hearing informal negotiations and drafting and executing a cable license OR

2) Use of the formal renewal process which includes the above procedures (ascertainment of needs public hearing negotiations and license drafting) but adds in municipal issuance of a ldquoRequest for Proposalrdquo to be issued not less than five months before the May 22 2021 The company then provides a formal written response to Town RFPs and this becomes basis for continued negotiations As most towns conclude renewal through use of the lsquoinformal renewal processrsquo without recourse to the more costly lsquoformal renewal processrsquo with RFP issuance the timeline discussion and cost estimates assumes use of the informal process however discussion of the use of the formal process timeline and costs will be discussed separately during our conference call

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 46: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

DraftInformal memo for June 18 2020 conference call

2

analyzed including per subscriber capital payments identifying specialized Comcast commitments to count in Comcast baseline) and generating a brief but useful level playing field analysis requires approximately 2 hours of license comparison work and drafting memo (Estimated subtotal for this item 7 hours)

2 July 1 ndash September 15 2020 - Due Diligence regarding collateral Town cable documents When starting a renewal it is necessary for counsel to be provided any cable documents relating to cable finances services and operations including but not limited to any formal contract(s) between Town and HWCAM regarding studio I-Net or other operations any MOUs settlement agreements or other documents entered into between Towns and cable companies and municipal authorizations to companies other than Comcast and Verizon for use of the public ways to provide video services if any and contracts the Town or HWCAM having for maintaining Town fiber video data and audio transmissions used by municipal and school buildings or sites Town warrant articles authorizing any expenditures of existing cable license funds Many of the foregoing require some preliminary counsel to towns to determine Town needs and options (Subtotal estimated for this item 5 hours)

3 July 1 2020 ndash December 2020 Ascertainment of Cable Needs (Ascertainment Process) ndash Ascertainment likely to continue beyond December 2020 if Town stays with lsquoInformal Renewal Processrsquo and does not switch into lsquoFormal Renewal Processrsquo

The governing law the Federal Cable Act provides for municipalities through their license Issuing Authorities (known as Franchising Authorities under the Cable Act) conducting lsquoascertainmentrsquo of needs to establish a basis for renewal negotiations Many of the cable company negotiators insist on having some credible lsquoAscertainment Reportsrsquo or lsquoAscertainment Findingsrsquo to show town needs for renewal negotiations And it can make it easier for cable negotiators to meet our requests if we give them ascertainment documents to show their corporate supervisors that our Towns are serious and informed about identifying and proving needs To build an ascertainment record we will work with the Towns and stakeholders on the following 3 major renewal tasks listed below plus other renewal tasks discussed later in this memo

1 Preparation of Budgets - Public Educational and Government (PEG) Access proposed renewal term capital (equipment and facility) and operating budgets itemized and with credible detail to justify financial requests for capital and operating support during renewal negotiations Since most of the PEG Access expenditure in on the local cable studio Hamilton Wenham Community Access Media Inc we foresee the capital and operating budgets being a consolidated two-town community TV studio budget unless otherwise directed by the Towns

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 47: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

DraftInformal memo for June 18 2020 conference call

3

2 Holding of Public Ascertainment Hearing (See suggested dates and details below)

3 Preparation of lsquoAscertainment Reportrsquo or lsquoAscertainment Findingsrsquo on capital and operating budgets for PEG Access and Town needs and other needs identified by Towns PEG Access designees stakeholders and the general public The most effective Ascertainment Reports are adopted and issued by the Selectmen as licensing authorities as that adds strength to the negotiation positions A good ascertainment report reflects awareness of Cable Act ascertainment and renewal criteria which counsel will include in Town ascertainment documents (Drafting Ascertainment Report including numerous meetings with HWCAM executive director and others to generate necessary information requires approximately fifteen hours Unless otherwise directed by the Towns the Ascertainment Report could be a 2-Town signed and issued by both Towns as their lsquoJoint Ascertainment Reportrsquo) Working with Town AdministratorManager and Selectmen including drafting memos as needed for Selectmen adoption of Ascertainment Report)

The following sets forth timelines and cost estimates and further details for the budgets narrative report public hearing and Ascertainment Report tasks outlined above Ascertainment Timeline Detail Ascertainment Phase 1 ndash development of budgets and related documentationnarrative report - July 1 ndash August 31 2020 July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020) CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term operating budgets (by end of August 2020) CommitteeTown should develop operating budgets showing ongoing PEG expenses I can provide sample budgets used by other towns not to copy but as examples for you developing your own budgets (I would prefer to shorten this time frame if doable by Town working with HWCAM) (Estimated subtotal 4 hours) August 2020 Working with Towns and with technical assistance of HWCA Prepare narrative report on capital and operating budgets (by end of August 2020) (Estimated subtotal 8 hours)

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 48: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

DraftInformal memo for June 18 2020 conference call

4

July 1 ndash September 21 2020 Ascertainment Phase 2 ndash Prepare for and attend Public Ascertainment Hearings or Joint 2-Town Hearing The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing where the public has an opportunity to provide feedback on cable needs Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing demand for more local PEG Access facilities and services eg more meeting coverage more educational access serving schools etc) Additional ascertainment hearings and meetings can be scheduled s needed (Subtotal for the above estimated at seven hours) Ascertainment Phase 3 ndash Ascertainment report and findings (by October 15 2020) As noted above the lsquoascertainment findingsrsquo will be prepared for adoption by the Board of Selectmen draft the findings attaching the budgets I am a firm believer that we have much more leverage in negotiations if we base our negotiations on ascertainment findings adopted by the Board of Selectmen and as recommended and approved by the Committee Includes counsel to Towns on Report and renewal issues addressed in report (Estimated subtotal for this item 20 hours) Additional Ascertainment Tasks- July 1 2020 ndash December 2020 I-NetVideo Return Line Review (to be discussed during conference call) (Estimated subtotal 1 hour) Counsel and research on new FCC rules allowing offset of certain license benefits against the 5 franchise fee (Estimated 2 hours) Counsel on Important Renewal Issues Verizon insistence on short-term renewal license and early termination options Verizon lsquolevel playing field clausesrsquo and implications for Town licensing (Estimated 1 12 hours) Counsel on Formal Renewal Process and Pros and Cons (as we approach cut-off for doing RFP) (Estimated 1 hour) Counsel on new Department of Revenue and Inspector General guidance respectively on PEG Access funding and grant agreements (Estimated 1 hour)

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 49: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

DraftInformal memo for June 18 2020 conference call

5

Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should be done early in the process (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken) Technology and Service Area assessment signal quality problems Service area Video origination links Identify any known technical problems (Estimated subtotal 3 hours) Further comment on Ascertainment timetable If the Town switches from informal to formal renewal process ascertainment closes upon issuance of formal process ldquoRFPrdquo which must occur no later than 5 months prior to license expiration being December 21 2020 We anticipate use of informal process without RFP in which case ascertainment can proceed beyond December 2020 subject to Towns confirming use of informal renewal in lieu of formal renewal process (to be discussed during conference call) Key point is that from now until such future date we are ascertaining needs ascertaining needs ascertaining needs AND documenting ascertainment keeping ascertainment exhibits and records

4 Informal Negotiations and License Drafting and Revisions - October 15 2020 ndash May 2021

Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to review Verizon proposals and numerous drafts of license and revisions to Licenses During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estimate) and review revisions proof-reading multiple drafts approximately 7 hoursmonth (39 hours estimated) Additional renewal tasks

5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)

6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)

7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 50: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

DraftInformal memo for June 18 2020 conference call

6

(one hour estimated)

Total estimated hours 116 hours $200hour ($2320000) (approximately $1160000 per Town) Note if the above tasks can be performed with fewer hours of work than estimated if process moves along smoothly billings will be reduced accordingly However given the unpredictable nature of negotiations and the uncertainties surrounding Verizonrsquos implementation of new FCC rules the $2320000 figure (above) is an estimate and not an absolute ceiling Consistent with Bill August representing Hamilton but in coordination with Attorney Bill Solomon representing Wenham each attorney will separately bill each Town and there can be some variations in billings as between the two towns but subject to both attorneys exercising best efforts to track the mutually agreed upon coordination framework

Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority

Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment hearing and then schedule back to back informal negotiations so we rapidly figure out if Verizon is likely to reasonably meet Town needs without recourse to the formal process RFP issuance which means we would want to have completed significant negotiations by mid-December so that Town could have option of switching into formal process with issuance of RFP by December 21 2020 (meeting requirement to issue RFP not less than 5 months before May 2021) Most towns forego the RFP formal process option and rely on the informal negotiations process thereby enabling continued informal negotiations beyond the RFP deadline however even in the informal process negotiations strength is projected by completing the major ascertainment tasks as soon as possible Saved at Renewal outline Hamilton WA Wenham WS

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 51: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

FEE AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN THE TOWN OF WENHAM MASSACHUSETTS

AND ATTORNEY WILLIAM SOLOMON

FOR VERIZON CABLE LICENSE RENEWAL PROCESS

This Agreement by and between the Town of Wenham Massachusetts a municipal corporation with its Town Hall located at 138 Main Street Wenham MA 01984 (ldquoClientrdquo or ldquoTownrdquo) and William H Solomon 2 Old Petersham Road New Salem MA 01355) to perform legal services related to the cable television license renewal processes with Verizon New England Inc (Verizon) andor its successors and such other related legal services to the extent otherwise provided hereby

1 The Attorney will bill at a rate of $20000 per hour

2 The parties agree that where the Attorneyrsquos participation can be effectively provided by telephone call or video conference the Attorney may participate by phone or video conference rather than in person Telephone or video conference participation by the Attorney may apply to in-person negotiations with Verizon as determined by the Town and Attorney

3 These legal services shall include work up to and including the execution of a cable license including but not limited to ascertainment of the Townrsquos cable-related needs and drafting of findings of need for use in license renewal negotiations assisting with the holding of a license renewal public hearing working with the Town to identify annual operating and capital budget needs for local channels facilities and equipment conducting license renewal negotiations with Verizon and providing related legal counsel as customary in license renewal

4 The Client shal l reimburse the Attorney for reasonable expenses and disbursements including copying (any document 30 pages or greater) in -hand delivery overnight mailing or certified mail and other material and necessary incidental expenses The Attorney agrees to obtain the C l i e n t rsquo s approval before incurring any such disbursement in excess of $5000 The Attorney will not bill for mileage however hourly billing shall include reasonable travel time if and when necessary to meet in the Town

5 Legal fees and disbursements s h a l l be billed monthly or at the completion of a particular stage of work or monthly as reasonably determined by the Attorney and are payable within 30 days of receipt of the bill

6 With respect to the Verizon license renewal the Town has requested that the Attorney assist with coordinating a mutually beneficial renewal process with the adjacent Town of Hamilton Massachusetts notwithstanding each of Wenham and Hamilton shall reserve any and all rights to act independently in their own best interests The Town of Wenham is aware that the Town of Hamilton shall be represented by separate and independent counsel William August and that the Attorney and Attorney August shall consult with each other to carry out said purpose of coordinating a mutually beneficial two-town renewal process to the extent consistent with each Townrsquos best interests and as determined by the Town of Wenhamrsquos cable license Issuing Authority and its Town Administrator with respect to the Town of Wenham The Attorneys shall coordinate

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 52: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Wenham and Hamilton work such that the costs of work common to each Town including ascertainment of needs negotiations and license drafting shall not be billed to one Town but shall be split as between both Towns to enable each Town to garner the benefits of the work at one half of the cost ofP the work to the extent appropriate and reflective of the work being common to both Towns

7 The scope of services under this Agreement and the legal services covered hereby do not include unless otherwise agreed (i) a preliminary denial or final denial of Verizonrsquos cable license other than (a) the preparation of a preliminary denial motion and if necessary a subsequent written decision and (b) any extension of time for further action by the Town and further negotiations by and between the Town and Verizon and the completion of a renewal license pursuant thereto nor (ii) the Townrsquos handling processing appropriation andor disbursement of cable or related funds Further the parties acknowledge it is their intent to use the Cable Act informal renewal process (ascertainment of needs negotiations and renewal license agreement) and not use the Cable Act formal process (more formal ascertainment of needs issuance of a Request for Proposal (RFP) to Verizon negotiations and if needed a formal response to the Verizon proposal) unless otherwise requested by the Town which shall be subject to applicable legal limitations In any event Attorney shall fully brief Town on its options with respect to use of the formal renewal process so that the Town may reach an informed decision 8 The Client may discharge the Attorney at any time and the Attorney may withdraw from providing services at any time (subject to Court approval if a legal action has commenced and Town disagrees) 9 While the Attorney will use his best efforts in his representation of the Client no assurance of a particular outcome can be or is made The Attorney and Client state that no such results have been guaranteed by the Attorney to the Client and that this Agreement is not based upon any such promises or anticipated results With respect to the foregoing the Town is aware that the Federal Communications Commission has recently adopted new rules governing the calculation of annual franchise fees payable to Towns including mandating counting of certain ldquoin-kind contributionsrdquo toward and as part of the franchise fee thereby reducing franchise fee payments to Towns and that cable operators including Verizon are still at the beginning stages of determining how the new franchise fee calculation rules shall be implemented 10 This Agreement may be amended providing such amendment(s) isare in writing and executed by authorized signatory parties 11 This Agreement may be executed in two or more counterparts each of which shall be deemed an original This Agreement and any counterpart so executed shall be deemed to be one and the same instrument It shall not be necessary in making proof of any counterpart hereof to produce or account for any of the other counterparts

This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt

TOWN OF WENHAM WILLIAM H SOLOMON Attorney at Law

________________ Anthony Ansaldi William H Solomon Town Administrator

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 53: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Dated Dated ______________________

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 54: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndash MIIA Benefits Trust Agreement Discussion and potential approval of the Trust Agreement with MIIA Requested by TA Action Sought Appointment

Proposed Motion(s)

MOVE that the Board of Selectmen vote to sign the MIIA Health Benefit Trust Agreement dated July 1

2020

Additional Information

Essentially the Trust Agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership Effectively the Trust Agreement addresses several matters including but not limited to Board Authority Board Governance Rules Indemnification Trustee Eligibility and Trustee Liability and Requirements Beyond the aforementioned and at a high level the Trust Agreement stipulates Wenham has adopted 32B will pay its rightful insurance premiums charged by the Trust will only enroll benefit eligible employees onto the plan and acknowledges it is aware that initial enrollment within MIIA comes with an initial two year commitment (one renewal cycle following first year) and any notice to terminate from MIIA at a future plan effective date comes with a minimum 60 day notice prior to your July effective date

Board Action

Motion Second In favor Opposed Disposition

G Gary

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 55: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

MIIA Standard Membership Agreement

- Wenham has had a membership agreement with MIIA for many many years for our Property and Liability Program We were one of the original members of the trust

- The State requires this agreement to be signed - This is the exact agreement Wenham signed when we had MIIA for Health

Insurance a few years back - 90 of the trusts members have K amp P Law as Town Counsel K amp P has

seen this agreement many many times over MIIA has never received any questions on the Agreement from K amp P

The Contents of the Agreement

- Trust agreement is the agreement each of the 135+ members have all signed outlining the terms of the membership

- MIIA is managed by a Board of Trustees - Goes into how Premium payments and rates are calculated - Wenham will only enroll benefit eligible employees onto the plan - Wenham will pay its rightful insurance premiums charged by the trust - If we donrsquot pay MIIA cancels premiums - The minimum commitment is 2 years After that we can leave at any point

with a 60 day prior to anniversary date written notice - There is a membership fee however it is waived - If the trust has any excess profits by law Wenham is entitled to a

percentage of those profits

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 56: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

New Business ndash Pleasant Pond Discussion regarding Summer 2020 Requested by TA Action Sought Appointment

Proposed Motion(s)

Discussion Dependent

Additional Information

Board Action

Motion Second In favor Opposed Disposition

H Jack

Wenham Board of Selectmen AGENDA ACTION REQUEST

July 28 2020

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 57: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Draft

BOH 7222020 12

TOWN OF WENHAM BOARD OF HEALTH Meeting of July 22 2020 Wenham Town Hall 138 Main Street _____________________________________________________________________________________________ Pursuant to the Open Meeting Law MGL Chapter 30 A sect 18-25 written notice posted by the Town Clerk and delivered to all Board members a meeting of the Wenham Board of Health (BOH) was held on Wednesday July 22 2020 at 830 am virtually on Zoom The Board of Health makes regulations as it deems necessary for the public health and safety of the Town The Wenham Board of Health is responsible for the enforcement of State Sanitary Codes State Environmental Codes and Wenham Board of Health Regulations Areas of responsibility include septic systems housing and dwelling units food service establishments private wells and recreational camps for children Board of Health members Gerald T Donnellan (2021) Dr Andrew Ting Chair (2022) Regina Baker (2023) Call to order With a quorum present Dr Ting called the meeting to order at 836 am Board Members Present Dr Andrew Ting Chair Regina Baker Gerald Donnellan Also Present Maribeth Ting Public Health Nurse Greg Bernard Health Agent Jackie Bresnahan Director of Administrative Catherine Tinsley Recording Secretary Due to the COVID19 Virus pandemic and restrictions concerning in-person gatherings ordered by the Governor this meeting took place virtually on Zoom Dr Ting identified that this was a virtual meeting the meeting was being recorded and those in attendance bull COVID-19 (Coronavirus Discussion) o Review any updated guidance from State or local enforcement of guidance Police Chief Tom Perkins amp Deputy Chief Kevin DiNapoli participated in this discussion At the July 15 BOH meeting a Wenham resident requested the BOH consider reopening the beach at Pleasant Pond or at least maintaining the cleanliness of the beach Since that meeting Dr Ting said he looked at other communities with public beaches and noted the difficulties small towns reported in maintaining the COVID-19 guidelines one town had to close the beach after one day Chief Perkins reported that there was a crowd on the Pleasant Pond beach over the weekend a majority of those were out of town residents the safety guidelines for beaches were not being followed Police Chief Perkins reiterated that the Police Department was not a policy making department and asked the BOH for clear guidance Although the ldquobeach closedrdquo signs are in place there are no other indications that the beach was closed and the public was able to access the area Dr Ting referred to the original order from the BOH to close the Pleasant Pond Beach due to health and safety concerns for both the residents and staff The BOH acknowledged that regulations require the pond be open for fishing not the beach there is a limited number of dedicated parking for fishing Ms Bresnahan reviewed that even in a non-pandemic year the Pleasant Pond beach operates at a significant deficit This year with the beach closed no stickers were made availablesold Also the Town of Hamilton has chosen to not participate in the Pleasant Pond program as a joint venture with Wenham due to the cost and there are unaddressed operational changes Chief Perkins said he has spoken to other town officials who had a level of unease and a variety of concerns related to opening the beach and there was no support to open the beach this season The board spoke in length with the Police and Public Nurse about opening the beach This is a small beach area and with 12rsquo toweling and operating at 40 there would be a very small number of people allowed Teenage gatekeepers would be the ldquofront linerdquo and responsible for monitoring residents physical distancing face coverings etc Ms Bresnahan mentioned that the Veteranrsquos Memorial Pool did not open this year for similar reasons and observed it would take weeks to organize hire staff etc and the beach would not open until August and the beach closes Labor Day The Board focused their discussion on clarifying that the beach was closed Ms Baker noted although she had hoped the beach could be open the COVID-19 virus was increasing again and expected to surge in the fall and agreed the importance of physical distancing face coverings etc was very important Ms Baker suggested different signage be installed at the beach Ms Bresnahan will confirm with the townrsquos insurance company what language would be required to close the beach

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020
Page 58: BOARD OF SELECTMEN AGENDA Meeting Packet - June 28... · 2020-07-28 · Town of Wenham BOARD OF SELECTMEN AGENDA Tuesday, July 28, 2020 6:30 PM Wenham Town Hall – 138 Main Street

Draft

BOH 7222020 22

The board members confirmed their previous vote that Pleasant Pond beach remain closed due to concerns with being able to maintain the COVID-19 guidelines as outlined by the Department of Public Health and the Governorrsquos reopening plan and operational costs to the town o Construction fencing to be installed around the beach to identify the beach area was closed o The porta-potty will be moved outside of the gate o The gate be kept closedlocked with additional barricades as needed o Additional signage o The ldquobeach closedrdquo sign be placed at the entrance to Pleasant Street o Because parking along Pleasant Street has been problematic to the point where a fire truck could not get through

additional barricades will be used as needed o Updates from the Public Health Nurse Ms Ting reported that Wenham had one additional confirmed COVID-19 positive test for a cumulative total of 20 and one additional probable case for a total of 8 probable cases The Massachusetts Department of Elementary and Secondary Education released their guidance related to exposure to COVID-19 virus at school and on the bus etc for staff and students Ms Ting observed that some of the protocols differ from the Department of Public Health This continues to be monitored The Hamilton amp Wenham BOH continue to meet with the new Superintendent of Schools Mary Beth Banios There is a community discussion with the superintendent tonight on zoom The deadline for the school district to submit the reopening plan to the state is July 31 2020 Gordon College has informed the town that college students would be returning to campus starting August 15 Each student and faculty would be COVID-19 tested upon arrival and a mass testing screening is scheduled for August 25-27 The BOH and Public Nurse are working closely with Gordon College bull Updates from staff if needed Ms Bresnahan reported that mosquito testing has begun Ms Bresnahan informed the board that there is new legislation before the Governor to better fight mosquito born viruses with state authorized spraying This is deemed helpful when multiple communities are involved Ms Bresnahan noted that Town Hall opened to the public on Monday Residents are still encouraged to do business over the phone or on line Ms Bresnahan confirmed there are some signs posted on town hall regarding COVID-19 protocol Ms Ting will review and assist with these signs With the reopening of town hall the parking lot doors are used to enter the building with the doors facing Main Street being used to exit the building staff are working in their offices wearing face coverings and physical distancing There is an abundance of hand sanitizer and wipes available throughout town hall The conference rooms remain closed to staff and the public The Selectmen have decided to meet in-person for their next Selectmenrsquos meeting in the Selectmenrsquos Meeting Room This space is 1000 sq ft and can hold up to 5 people following the social distancing guidelines no staff will attend this meeting Otherwise all other boards and committees continue to meet via Zoom bull Review and Approval of any outstanding minutes ndash July 15 2020 There were no minutes submitted to approve at this meeting bull New business not reasonably anticipated by the Chair for discussion only Ms Bresnahan informed the board that she would be away the second week in August a Gordon College intern will provide part time office coverage bull Next meetings o July 28 BOH discussion with Gordon College o July 29 2020 3 pm o July 29 2020 330PM Joint with Hamilton bull Adjournment ndash The Board unanimously adjourned by roll call at 940 am Respectfully Submitted By Catherine Tinsley 7222020

  • BOS Meeting Packet - June 28 2020
    • BOS AGENDA July 28 2020
    • 2020-07-28- Announcements Script
    • OML Summer School 2020
    • 2020 -07-28 Reports Cover Sheet
    • 2020-07-28 TA Report
    • FALL 2020 ELECTIONS in Wenham2
    • B1-1 - New Business - Appointments - Provisional Call Firefighters
      • Requested by Fire Chief Action Sought Appointment
      • Proposed Motion(s)
      • Additional Information
      • Board Action
        • B1-2 - Provisional Call Firefighter Appointment Request
        • B2-1 - New Business - Appointments - Cemetery Commission
          • Cemetery Commission
          • Requested by Ex Asst to TA Action Sought Appointment
          • Proposed Motion(s)
          • Additional Information
          • Board Action
            • B2-2 - Cemetery Commission Interest - Wilson
            • B3-1 - New Business - Appointments - Wissh Committee
              • Requested by Ex Asst to TA Action Sought Appointment
              • Proposed Motion(s)
              • Additional Information
              • Board Action
                • B3-2 - WISSH Committee Interest - Tanous
                • B4-1 - New Business - Appointments - Election Officers
                  • Requested by Town Clerk Action Sought Appointment
                  • Proposed Motion(s)
                  • Additional Information
                  • Board Action
                    • B4-2 - Dianno Bucco Request to Appoint Election Officers 9_1-8_31_2021
                    • B4-3 - 2021 Election Officers for Appointment by August 31 2020pdf
                    • B5-1 - New Business - Appointments - Affordable Housing Trust - Selectmens rep
                      • Requested by TA Action Sought Appointment
                      • Proposed Motion(s)
                      • Additional Information
                      • Board Action
                        • B5-2 - Affordable Housing Trust - Declaration of Trust
                        • C1-1 - New Business -Wenham Housing Authority Vacancy
                          • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                          • Requested by Town Administrator Action Sought Approval
                          • Proposed Motion(s)
                          • Additional Information
                          • Board Action
                            • C1-2 - Wenham Housing Authority - Carleo unable to serve email from Dianne Bucco
                            • C1-3 - BOS notification to WHA 2020-07-28
                              • TEL 978-468-5520 x2 FAX 978-468-8014
                                • C1-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                • C1-5 - General Law - Part I Title VII Chapter 41 Section 11
                                • C1-6 - General Law - Part I Title XVII Chapter 121B Section 5
                                • C2-1 - New Business -Wenham Water Commissioner Vacancy
                                  • Procedure to Fill Vacancy Until April 2020 Annual Town Election
                                  • Requested by Town Administrator Action Sought Approval
                                  • Proposed Motion(s)
                                  • Additional Information
                                  • Board Action
                                    • C2-2 - Water Commission Resignation - Mendonca
                                    • C2-3 - BOS notification to WWC 2020-07-28
                                      • TEL 978-468-5520 x2 FAX 978-468-8014
                                        • C2-4 - PUBLIC NOTICE Joint Meeting 2020-07-28
                                        • D-1 - New Business - Chose date for Special Town Meeting 2020
                                          • Discussion and potential approval of a date for Special Town Meeting (Fall 2020)
                                          • Requested by TA Action Sought Appointment
                                          • Proposed Motion(s)
                                          • Additional Information
                                          • Board Action
                                            • E-1 - New Business - Chose date for 2021 ATM and ATE
                                              • Discussion and potential approval of a date for 2021 ATM amp ATE
                                              • Requested by TA Action Sought Appointment
                                              • Proposed Motion(s)
                                              • Additional Information
                                              • Board Action
                                                • F -22 - Verizon Franchise Renewal Notice 101118
                                                • F-1 - New Business - Verizon Cable License Renewal
                                                  • Discussion and potential approval of agreement with Attorney Bill Solomon for Legal Services on Verizon Cable Licensing Renewal
                                                  • Requested by TA Action Sought DiscussionApproval
                                                  • Proposed Motion(s)
                                                  • Additional Information
                                                  • Board Action
                                                    • F-2 - Verizon renewal outline Hamilton WA Wenham WS (003)
                                                      • July 2020 Working with Towns and with technical assistance of HWCAM prepare renewal term capital budgets (by end of July 2020)
                                                      • CommitteeTown should develop a capitalequipment budget(s) showing PEG andor INet-related (if seek INet funds) showing credible line items and thereby providing cost-justifications for capital budget to be negotiated during renewal (I would prefe
                                                      • (Estimated subtotal 4 hours)
                                                      • The Cable Act and Mass regulations require the holding of a public ascertainment hearing Holding a hearing with good testimony sends a good negotiations signal to Verizon The ascertainment findings of need are strengthened by holding a hearing whe
                                                      • Counsel provide necessary legal notices opening statement for hearing and identifies testimony and information needs to be incorporated into the hearing record and counsel attend hearing and represent town at hearing
                                                      • The more testimony the better if testimony is credible and reasonable and to the point Cover the main subjects (PEG cable technology service area consumer issues senior discount etc) Emphasis should be on needs needs and needs (and growing
                                                      • Compliance review Part of due diligence is review of license for possible noncompliance notice and opportunity to cure negotiations of compliance in event of non-compliance other compliance procedures can be discussed if applicable This should b
                                                      • (Estimated subtotal 2 hours assuming no material noncompliance found and assuming no enforcement actions taken)
                                                      • Technology and Service Area assessment signal quality problems Service area Video origination links
                                                      • Identify any known technical problems
                                                      • Schedule negotiations with Verizon If have strong ascertainment documents circulate ascertainment documents to Verizon around time of initiation of negotiations
                                                      • Timetable negotiations are strongest after the adoption of Board of Selectmen ascertainment findings which we scheduled (above) to be issued by October 15 2020 Negotiations often require multiple meetings with Verizon and municipal officials to r
                                                      • During negotiations we will be reviewing and proposing revisions to many boilerplate Verizon language designed to favor Verizon Negotiations and developing negotiation goals in consultation with Towns and HWCAM often is 7 hoursmonth (45 hours estim
                                                      • Additional renewal tasks
                                                      • 5 Review of Verizon ldquoForm 100rdquo (DTC required renewal application form) and prepare public notice of Town receipt of application form (15 hours)
                                                      • 6 Final public hearings for approval of negotiated licenses legal notices briefing memos to towns to prepare for final public hearings attending hearings and related counsel (eight hours estimated)
                                                      • 7 If licenses are approved and fully executed prepare and file Townsrsquo Statement of Reasons with Mass Dept of Telecommunications and Cable
                                                      • (one hour estimated)
                                                      • Consistent with this coordinated license renewal framework each town reserves the right to pursue independent decisions in consultation with its counsel on any matter consistent with each Town reserving and having independent licensing authority
                                                      • Action plan Since we have less than a year until license expiration and decision about use of formal process must be finalized almost six months before expiration we should jump right into the ascertainment tasks and scheduling of an ascertainment
                                                        • F-21 - License Expiration Notice - Dept of Telecommunications and Cable - 041218
                                                        • F-3 - legal services agreement Wenham 2020 06 08 cable renewal
                                                          • FEE AGREEMENT FOR LEGAL SERVICES
                                                          • This Agreement Is A Legally Binding Contract Each Party States That It Has Read The Above Agreement Before Signing lt
                                                            • G-1 - New Business - MIIA Trust Agreement
                                                              • Discussion and potential approval of the Trust Agreement with MIIA
                                                              • Requested by TA Action Sought Appointment
                                                              • Proposed Motion(s)
                                                              • Additional Information
                                                              • Board Action
                                                                • G-2 - MIIA Standard Membership Agreement
                                                                • G-3 - MIIA Health Benefits Trust Agreement
                                                                • H-1 - New Business - Pleasant Pond
                                                                  • Discussion regarding Summer 2020
                                                                  • Requested by TA Action Sought Appointment
                                                                  • Proposed Motion(s)
                                                                  • Additional Information
                                                                  • Board Action
                                                                      • H-2 - BOH 7222020