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========================================================================================
DOCUMENT : 2010-12-14-minutes-4743.txt
BOARD    : select-board
DATE     : 2010-12-14
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2010-12-14-minutes-4743.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_12142010-4743
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MEETING MINUTES
12/14/10
AJa-
The Board of Selectmen met in the Town Hall, Joseph F. Bilotta Meeting Room as scheduled with Paula Bertram, Steven M
debettencourt, ernie Sund, Tom Alonzo, Dave Matthews and Town Manager Kerry Speidel present. Meeting opened at 6:00 P.M. and
proceeded with a tour of the Jones House @ 42 Main Street. Recessed Regular Session at 6:30 P.M. and opened Executive Session
by roll call vote; Steve aye, Tom aye, Paula aye, Ernie aye and Dave aye, in accordance with M.G.L. Chapter 39, §23B(6) to consider
the purchase, exchange, taking, lease or value of real property if such discussion may have a detrimental effect on the negotiating
position of the governmental body. Regular Session reconvened @ 7:00 PM with the Pledge of Allegiance
PUBLIC COMMENT
ANNOUNCEMENTS
1. Paula announced that the board toured the Jones House and agreed on a minimum bid for the project of $85,000, as the goal is to
maintain the significant historical structure. The proposal should be ready to go out to bid for February 2011.
APPOINTMENTS
1.7:30 PM - Pole Location Hearing - Notice as follows: You are hereby notified that a public hearing will be held at the Joseph F.
Bilotta Meeting Room, Lunenburg Town Hall 2ND Floor Conference Room at 7:30 PM on the 4TH day of JANUARY 2011 upon petition
of: VERIZON NEW ENGLAND INC. for permission to: locate poles, wires, cables and fixtures, including the necessary anchors, guys
and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following
public way or ways: CHASE ROAD: ON THE EASTERLY SIDELINE PLACE NEW MIDSPAN POLE NO. 12-3/4 APPROXIMATELY
200 FEET NORTH FROM EXISTING POLE NO. 12-1/2, 1 POLE TO BE PLACED in the ways or parts of ways designated in said
petition, along which designated route of line you are an owner of real estate, as determined by the last preceding assessment for
taxation.
Paul Duboli, present on behalf of Verison informed the board that the pole is currently located within the property owner's driveway and
as the pole needs to be replaced the property owner has requested that the new pole be relocated as it is now in the middle of her
driveway due to the reconfiguration of the driveway. Board voted unanimously to approve.
2. 8:00 PM - Executive Session with Sewer Commission -
CURRENT BUSINESS
1. Annual License Renewals - Chair read the attached revised list and requested the board call "hold" if they have an issue with a
specific establishment. Noted that licenses would not be released until all paperwork, insurance certificates and tax payment
agreements have been reached with all.
Steve motion to approve, Ernie seconded, Dave questioned the recent Pedlars license and Common Victuraller's for Central Mass, and
per Kerry believe the board approved these until December 2011. Dave also questioned the payment of taxes and would like to know if
establishments are conforming to their payment plan that may have been issued. Tom would also like to know about those who are in
arrears and would like to have them come before the board and not that we just approve the licenses overall. Would like to keep track
over the year and if it's something that happens year after year, would like to know of the habitual establishments that are in arrears.
Per Kerry if they are not paid, then the board can withhold the license as the first meeting of the board is scheduled for January 4, 2011
and if necessary can schedule appointments with these individuals for that meeting. Voted unanimously to approve.
4. Minutes - None
Warrants - # 32A 11, 12/10/10 - $90,000.00, #32 11, 128/10 - $443,870.30 and #33 11 12/14/10 - $148,581.78 reviewed and
signed
Action File Issues - Kerry asked members of the board to let her know whether they are planning the MMA Annual Meeting
scheduled for January 2011.
Paula also questioned status of the payment request for Weston & Sampson
5. Committee Updates -
• Dave School Committee presentation on the budget is scheduled for tomorrow @ 7:00 PM
• Paula recently had a meeting of land use chairs and expressed appreciation to Toby Bakaysa for suggesting this as we are
increasing the communications among the boards. He noted that if we are going to be discussing. an issue that is under the
===PAGE 2===
purview of another board then they should be involved in the discussions, ie Planning Board on signs and Board of Health on the
Landfill utilization as a solar farm.
> Rob Verge, Chair, Conservation Commission informed her that the Open Space Plan is in the process and should be completed
within the next month.
Spoke with Harald Scheid and it appears that we have the abiltiy to connect to the GIS system and have access to the data layer
and she will follow up with the IT Director as many departments are not availing themselves of utilizing this system. Checked with
Town Accountant and we have expended $112,890.00 since 2004 to date. One of the issues that came up is the Sewer
Commission is requesting funding for a sewer layer which would identify where pipes etc. are located. We also have a property
manager module that we've purchased and are currently not using as well as a permitting module. Sent out a software survey to
all town departments and have received 13 surveys back, mainly using excel, word and access. Training that has been requested
on access, excel, word and GIS. Looked at training options, such as Mt. Wachusett, which will do the training here. Many Chairs
had opportunity to see the QSend website and are looking at training seminars and associated costs.
Also noted that the Conflict of Interest tests, many taken the test but apparently the have not been registered with town clerk and
would like to know from the Town Clerk the status of this. Also, the email addresses for the town board/committee members don't
seem to be updated and would like to have IT Director look into this. Next Meeting of Chairs is scheduled for 6:15 pm, on January
26, 2011, in the Ritter Building.
6. Department Updates - Mobility Assistance Program Grant
Kerry informed the board that she has been advised that we are eligible for a grant application and that the Montachusett Area
Regional Transit (MART) will be a co-applicant for the purchase of a new senior van.
7. Town Manager Updates.-
Fleet Expansion - Kerry asked that we move this to January and Dave would like to have those departments that are asking to
increase their fleets come before the board to discuss the plans and to develop a draft policy on vehicle replacement. Noted to
include all the costs associated with the fleet and funding
• Paula asked for a breakdown on administrative fees with the Parking Lot (Eagle House).
surprised that it's in there as a supply and not under the capital plan. Kerry informed the board that she knows that this is a piece
of equipment that if not replaced it would hinder our ability to respond to storms and agrees that this should have been in the
in order to manage our expenses and capital without having these items identified within the plan.
• Kerry provided a copy of the Capital Improvement Plan Department Requests for FY 2012 - 2020. Noted that we need to do a
better job at spreading out our expenses; projecting out needs for future capital needs and funding. Tom recalled his time on the
Finance Committee and would like to have a definition of a capital improvements versus capital items; of particular note was
technology and why are some items under improvements and other under items are included in operationg budgets. Kerry doesn't
believe the definition is an issue and noted that technology is treated differently in departments, ie school has always included
technology upgrades in their operating budgets and all other departments have identified as capital. Tom would like to know of the
definition as to why technology should be identified as capital versus operating. Kerry noted that some departments are concerned
about the funding of the Capital Plan and this does have an impact on the smaller departments. The process is fluid and we're
working through these issues and has been followed fairly well. As a for instance, the board discussed the way other communities
identify the purchasing of police cruisers as some include this within their annual operating budget versus a capital expenditure as
typically you have to purchase at least one vehicle every year or at least every other year.
Ernie commented that upon his review of the Capital Improvement Plan he cannot find the sander item and questioned what would
the life expectancy be on this type of equipment. Would rather see a complete list of inventory and what would be expected
operable life of equipment, would like a total listing of departments equipment and total life span.
Kerry noted that this could be included within an equipment purchasing policy and suggested that the Capital Planning Committee
work on this and present to the board as she knows that the inventory is up to date, but doesn't believe that the useful life has
been included within the inventory.
Forwarded a copy of the final draft for the Community Choice Aggregation Plan which has been reviewed by the State and they
recommend a public hearing, not required but strongly suggested. Would propose for the second. week in January and will place
on website and distribute to committees. Tom would like to have an annotation if we receive a supplemental copy of what had
been originally dispersed.
Summer Street project, Town had previously submitted a grant application with MRC in June and they (MRPC) had determined
that this was outside of the scope of that program. Following conversations with State representative and MRPC staff is was
determined that this type of request would fall under the grant program and as such, Kerry is putting together another application
for funding assistance for the design. She has also received a revised proposal from VHB for $54,300 which includes weekend
traffic counts which was discussed at Town Meeting. One of the issues is the size of the project as it is a very large project for
MRPC's available grant funds, but is a smaller grant as far as the Federal level funding which is up to the 10 million dollar level
===PAGE 3===
and as such Fitchburg is looking into improvements to the intersection of Summer Street and John Fitch. As the total project cost
falls between the recommended funding limits between the state and federal options, Fitchburg is considering adding to the
intersection improvements which may allow the communities to apply for the federal assistance by raising the dollar threshold.
» Sheduled the third meeting in January for discussions on the closing of the Holman Street bridge.
OLD BUSINESS
COMMITTEE APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS
EXECUTIVE SESSION
1. M.G.L. Chapter 39, §23B(6) to consider the purchase, exchange, taking, lease or value of real property if such discussion may have
a detrimental effect on the negotiating position of the governmental body.
2. Board voted to adjour Regular Session at 8:09 P.M. and opened Executive Session by roll call vote; Steve aye, Tom aye, Paula
aye, Ernie aye and Dave aye, in accordance with M.G.L. Chapter 39, §23B(2) to conduct strategy session in preparation for
negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel
with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or
litigation position. Chair announced the board will not return to Regular Session.
Respectfully submitted,
Laura Williams, Chief Administrative Assistant
Board of Selectmen
===PAGE 4===
UPDATED LIST FOR FY'2011
November 23, 2010
To
Jeffrey Ugalde, Treasurer/Tax Collector
From:
Linda H. Douglas, Administrative Assistant
Re:
Chapter 40, Section 57 - License Renewals
The following list is of the 2011 License renewals. We will be sending out renewal notices the week of
November 29, 2010. In accordance with the Town's acceptance of MGLA Chapter 40, Section 57, you
are requested to let this office know if any of the licensees have neglected or refused to pay any local
taxes. Final approval of license renewal applications by the Licensing Authority will be dependent upor
the applicant's compliance with all conditions set forth by the Licensing Authority and other Towr
Boards, Committees and Departments.
COMMON VICTUALER, ALL ALCOHOLIC
American Graffiti, Todd Jennison
113
Asian Imperial Inc., d/b/a Asian Imperial Garden
RNDC Inc., d/b/a "RG Scooters", Rhonda Newman
324
84
The Bootlegger, Allan S. Cosimi
50
Donnelly's Tavern, Inc., John D. Donnelly
43
Green Pepper Inc., d/b/a Ixtapa Cantina Mexican Family Rest.
308
Se-Flan Inc., d/b/a Sean Patrick's
B & H Corporation, d/b/a Mickey Shea's
324
Hellfire Inc., d/b/a Vegas Lounge
5
Melendez Magana Inc., d/b/a DARIO's
308
GENERAL ON PREMISE/ ALL ALCOHOLIC
Lakeview Club, 449 Corp., Edward Norton, Mgr.
Mary I. Padula, d/b/a "The Harley House"
JK Waterfront, d/b/a "On the Rocks".
449
909
96
COMMON VICTUALER, WINE & MALT
J. & IVI. Golf, Inc., d/b/a Maplewood Golf Course, Joe Benevento
, 994
S & K Restaurant, d/b/a Bangkok Hill Rest.
177
$1,450.00
Summer Street
Electric Avenue Unit #3
Lakefront Avenue
Massachusetts Avenue
Summer Street
Massachusetts Avenue
494 Electric Avenue
Electric Avenue-Unit #4
Summer Street-Unit #10
Massachusetts Avenue
$1,450.00
Whalom Road
Massachusetts Avenue
Lakefront Drive
$700.00
Northfield Road
Massachusetts Avenue
RETAIL PACKAGE STORE, ALL ALCOHOLIC
$1,450.00
Hannaford Food & Drug - Angelo Bisol, Mgt.
301
Massachusetts Avenue
Vasta Inc. - Anastasia Halkiadakas, Mgr.
431-433
Electric Avenue
RETAIL PACKAGE STORE, WINE & MALT
$
700.00
Baker's Whalom Variety; Carol & Henry Baker
Electric Avenue
Elena's Gourmet Grocery, Elena Christopher Mgr.
Main Street
Khan Mohiuddin, d/b/a Hadwen Park Market
Main Street
Genghis, Inc., d/b/a Centre Pizza & Variety, Anastasia Wernick
1353
Massachusetts Avenue
COMMON VICTUALER (No License issued until Food Service Permit issued)
RNDC Company d/b/a "RG Scooters "
', Rhonda Newman
25.00
Lakefront Avenue
Donnelly's Tavern, Inc., John D. Donnelly, Mgr.
43
Summer Street
Lakeview Club, 449 Corp., Edward Norton, Mgr.
449
Whalom Road
Todd Jennison d/b/a American Grafliti
113
Summer Street
J & M Golf, Inc. d/b/a Maplewood Golf Course
994
Northfield Road
Conrad's
835
Massachusetts Avenue
Baker's Whalom Variety
423
Electric Avenue
Stella's Coffee Shoppe, Earl Souza, Mgr.
466
Electric Avenue
Lunenburg EXXON, Paul O'Connell
453
Massachusetts Avenue
The Lunch Box, Chang Ye Papadiki (109 Lincoln Street, Fitch.) 180
Massachusetts Avenue
===PAGE 5===
Victory Distributors d/b/a Hannaford Food & Drug
Whalom Gas
Lanni Orchards
White Farm Ltd., d/b/a Cherry Hilll Ice Cream
Bootlegger's, Allan Cosimi, Mgr.
J & D Enterprises, d/b/a "Shady Point Beach & Campground"
Genghis Inc., d/b/a Centre Pizza & Variety
Mary Padula, d/b/a "The Harley House"
Khan Mohiuddin, d/b/a Hadwen Park Market
Presto Pizza
SeFlan Ltd, d/b/a Sean Patrick's
Green Pepper Inc., d/b/a Ixtapa Cantina Lunenburg
Asian Imperial Garden, d/b/a Asian Imperial Garden
JK Waterfront, d/b/a On the Rocks
The Village Grill
B & H Corporation, d/b/a Mickey Shea's
S & K Restaurant, d/b/a Bangkok Hill Restaurant
Melendez Magana Inc., d/b/a Dario's
The Ugly Omelet
Alliance Energy LLC (formerly Wilmart/Peterborough Oil)
Bengals Convenience
Hellfire Inc., d/b/a Vegas Lounge
AUTOMATIC AMUSEMENT DEVICES
American Graffiti, Todd Jennison
RNDC Inc., d/b/a "RG Scooters"
Donnelly's Tavern, John Donnelly, Mgr.
Lakeview Club, 449 Corp., Edward Norton, Mgr.
Baker's Whalom Variety, Carol & Henry Baker
JK Waterfront, d/b/a On the Rocks
Se-Flan Ltd, d/b/a Sean Patrick's
Whalom Gas
B & H Corporation, d/b/a Mickey Shea's
Hellfire Inc., d/b/a Vegas Lounge
(6)
12)
12)
(5)
(3)
(3)
(3)
(1)
(5)
WEEKDAY ENTERTAINMENT LICENSE
Donnelly's Tavern, Inc., John D. Donnelly, Mgr.
Black Horse II, Inc., "RG Scooters", Rhonda Newman
Todd Jennison d/b/a American Graffiti
B & H Corporation, d/b/a Mickey Shea's
Hellfire Inc., d/b/a Vegas Lounge
SUNDAY LICENSE
449 Corporation, d/b/a Lakeview Club
RNDC Inc., d/b/a "RG" Scooters
Lakeview Driving Range (miniature golf)
American Grafitti
Donnelly's
Baker's Whalom Variety
Se-Flan Ltd, d/b/a Sean Patrick's
Jan.
Jana.
April
Dec.
Dec.
Dec.
BASE LICENSE
Lakeview Golf Driving Range
EXPIRES 4/30/11
$ 60.00
CLASS 1 MOTOR VEHICLE LICENSE
Chapdelaine Truck Center, Inc. M. Chapdelaine, Pres.
Padula Brothers, Inc. Philip Membrino
Colonial Imports West Inc., d/b/a North End Mazda
Colonial Imports Inc., d/b/a North End Subaru
Joe Smalley Auto Sales, Inc., d/b/a Daewoo North
Central Mass Motorcycle Ltd.
301
1
294
825
50
701
1353
909
1
429
494
308
324
96
1
324
177
308
165
131
21
5
113
84
43
449
423
96
494
1
324
5
43
84
113
324
5
449
84
21
113
43
423
494
21
199
133
747
757
30
19
Massachusetts Avenue
Whalom Road
Chase Road
Leominster Road
Massachusetts Avenue
Reservoir Road
Massachusetts Avenue
Massachusetts Avenue
Main Street
Electric Avenue
Electric Avenue
Massachusetts Avenue
Massachusetts Ave. Unit #3
Lakefront Drive
Main Street
Electric Avenue Unit #4
Massachusetts Avenue
Massachusetts Avenue
Massachusetts Avenue
Massachusetts Avenue
Main Street
Summer Street Unit #10
(each machine)
$ 35.00
Summer Street
Lakefront Avenue
Summer Street
Whalom Road
Electric Avenue
Lakefront Drive
Electric Avenue
Whalom Road
Electric Avenue-Unit #4
Summer Street Unit #10
$ 100.00
Summer Street
Lakefront Road
Summer Street
Electric Avenue Unit #4
Summer Street Unit #10
Whalom Road
Lakefront Avenue
Lakeside Avenue
Summer Street
Summer Street
Electric Avenue
Electric Avenue
Lakeside Avenue
$ 100.00
Mass. Avenue
Leom.-Shirley Rd
Chase Road
Chase Road
Summer Street
Massachusetts Avenue
===PAGE 6===
CLASS 2 MOTOR VEHICLE LICENSE
Ralf Traugott d/b/a Mass. Ave. Motors
Roland I. Trainque, d/b/a Roland's Towing
381
408
Baker Enterprises d/b/a The Auto Barn
53
Sandra I. Moriaty d/b/a Showroom Sammy
455
Henry & Carol Baker d/b/a Baker Towing
Robert C. & Michael R. Lovewell, d/b/a RC Motors
421
Colonial Imports Inc. (MAIL RENEWAL FORM TO 757 CHASE ROAD)
9
44
Daniel J. Bettencourt, d/b/a First Choice Auto Sales (PO Box 200) 541
Peter M. Kelly, d/b/a PMK Motor Sales
36
John V. Goguen, d/b/a J. G. Service
346
Affinity Corporation, d/b/a Affinity Auto Sales
1312
Brian R. Pomerleau, d/b/a P & S Truck & Parts, Inc.
571
CLASS 3 MOTOR VEHICLE LICENSE
Michael R. Chapdelaine d/b/a Chapdelaine Auto Salvage
Pomerleau, d/b/a P & S Truck & Parts, Inc.
Central Mass Motorcycles Ltd.
199
571
19
LIMOUSINE LICENSE
PEDLAR'S LICENSE
$ 100.00
Massachusetts Ave.
Electric Avenue
Chase Road
Massachusetts Ave.
Electric Avenue
Kirby Avenue
Chase Road
Chase Road
Summer Street
Electric Avenue
Massachusetts Avenue
Chase Road
$ 100.00
Massachusetts Avenue
Chase Road
Massachusetts Avenue
$25.00
$20.00
===PAGE 7===
Town of Lunenburg Community Choice Aggregation Plan
Purpose of the Aggregation Plan
The Town of Lunenburg developed this Aggregation Plan in compliance with Massachusetts law
regarding public aggregation of electric consumers. It contains required information on the
structure, operations, services, funding, and policies of the Town's plan. The Aggregation Plan
has been developed in consultation with the Massachusetts Department of Energy Resources
(DOER).
The purpose of this aggregation plan is to represent consumer interests in competitive markets
for electricity. It seeks to aggregate consumers in Lunenburg to negotiate rates for the supply of
electricity. It brings together the buying power of more than 4,000 rate-paying customers.
Participation is voluntary for each individual consumer. Individual consumers have the
opportunity to decline service provided through the Plan and to choose any electric supplier
they wish.
The Town of Lunenburg has distributed this plan for public review prior to submitting it to the
Department of Public Utilities ("DPU*):
CONTENTS
1.0 The Process of Aggregation
2.0 The Organizational Structure and Operations of the Town's Plan
3.0 Program Funding
4.0 Activation and Termination of the Aggregation Program
5.0 Methods for Entering and Terminating Agreements with Other Entities
6.0 Rate-setting and Other Costs to Participants
7.0 Universal Access
8.0 Equitable Treatment of All Classes of Customers
9.0 Reliability
10.0 Rights and Responsibilities of Community Choice Aggregation Program Participants
11.0 The Consequences of Aggregation
12.0 Requirements Established By Law or the Department Concerning Aggregated Service
===PAGE 8===
2.0 THE ORGANIZATIONAL STRUCTURE AND OPERATIONS OF LUNENBURG'S
AGGREGATION PROGRAM
This section will detail how the Town will organize the daily operations of the Plan and will
assign responsibility to each party.
Lunenburg's Town Government is led by a 5-person Board of Selectmen. Daily operations
are overseen by a Town Manager. Town elections are held the third Saturday in May.
The Board of Selectmen is composed of five members elected for staggered 3-year terms.
Specific powers and responsibilities of the Board of Selectmen are set forth in the Town's
Charter. The operational role of the Town and its agent in relation to consumers is outlined and
described in the following pages.
There are six operational levels to the Town's Community Choice Power Supply Program as
described in section 2.1.
Town of Lunenburg Community Choice Aggregation Plan
Operational Outline
2.1 Description of Operational Levels
Level One: Consumers
Citizens and Lunenburg consumers hold the ultimate authority over the aggregation and its
functions. They can elect candidates for the Board of Selectmen who may take positions
regarding the aggregation. They can participate in local and regional meetings and hearings
regarding issues related to restructuring in general and the aggregation of Lunenburg in
particular. And they can attend meetings to express their views. (Also see Consumer buying
power at Level Six below.)
Level Two: Board of Selectmen
Based upon its existing authority, or authority provided by voters at town elections, the Board
of Selectmen may act on program and policy issues and contract recommendations. In addition,
it may provide instructions to the town's agent regarding specific policy or program decisions to
be made under the aggregation plan. It may also raise issues directed to it by consumers for the
Town to address.
Level Three: Town Manager
The Town Manager carries out the collective decisions and instructions of the Board of
Selectmen and consumers.
- 3 -
===PAGE 9===
2.3 Programs of the Plan
The Town offers one program to achieve its goals: the Town of Lunenburg Community Choice
Aggregation. In addition, the Plan provides professional representation on behalf of consumers
in state proceedings and in regional or local forums to protect consumer interests in an evolving
marketplace.
The Community Choice Aggregation Program is designed to offer competitive choice to
consumers, and to gain other favorable economic and non-economic terms in service contracts.
The Town does not buy and resell power, but represents consumer interests to set the terms
for service. Through a competitive bid and negotiation process, the Town develops a contract
with a power supplier for firm, all-requirements service. The contract runs for a fixed term. The
process of supply contract approval contains checks and balances. Once the contract has been
negotiated by the Town's agent, it must be submitted to the Town Manager for approval. And
lastly, individual consumers may opt out of the program, and select Basic Service from Unitil or
supply from any other supplier they wish at anytime before or following their enrollment in the
Town's Community Choice Aggregation Program (See section 4.1.7 for more detailed
information on the opt-out process.) No individual consumer is required to receive service
under the Town's contract.
2.4 Staffing and Manpower for Programs
The operations necessary to plan, deliver, and manage the Town's program include: 1) technical
analysis; 2) competitive procurement of services; 3) regulatory approvals; 4) accounting and
fiscal management; 5) contract maintenance; 6) communications; 7) program coordination,
and; 8) administrative support for the Community Choice Aggregation Program. The Town
intends to utilize CPG as the professional, technical, and legal consultants to operate the
program. CPG is a licensed broker of electricity in Massachusetts. CPG has experience
designing, implementing and administering the opt-out aggregation program in place in
Marlborough, MA and under development in Lanesborough, MA and Ashland, MA. CPG will be
responsible for monitoring all aspects of the aggregation plan and any resulting contractual
agreements, including but not limited to monitoring and reporting on compliance with all
contract terms and conditions; resolution of contract issues; implementation of the "opt-out"
process for customers, participation in negotiations with the distribution company serving the
Town as it relates to the implementation of the aggregation program; preparation of reports
on the aggregation program, as directed; and routine updates and attendance at meetings with
the Town Manager and Board of Selectmen.
The Community Choice Aggregation Program has been developed on behalf of the Town by
CPG. Once a contract for power supply has been secured by CPG, CPG Will administer the
Community Choice Aggregation Program.
CPG will undertake negotiations with Competitive Suppliers and provide representation at the
state level as needed, at the direction of the Town Manager and Board of Selectmen. The
terms and conditions of any contract for power supply are subject to review by the Town
- 5 -
===PAGE 10===
Supplier Service Agreement with Fitchburg Gas and Electric Light Company d/b/a Unitil before
service can commence to any Participating Consumer under the Community Choice Power
Supply Program. All EDI testing between the Supplier and Unitil also must be completed before
service can commence to any Participating Consumer under this Program. Further, nothing in
the Community Choice Power Supply Program, nor its contract with the Town, shall abrogate
the Competitive Supplier's responsibilities and adherence to the Fitchburg Gas and Electric
Light Company's Terms and Conditions for Competitive Suppliers.
4.1.2 DU Approval of Plan
The Town, through its agent, shall file this aggregation plan with the DPU. The DPU is required
to hold a public hearing on the plan.
4.1.3 Signing of Power Supply Contract by the Board of Selectmen and Town Manager
With the signing of the contract by the Town Manager, the terms and conditions in the contract
will be utilized for service for Eligible Consumers within the municipal boundaries of Lunenburg,
except for those consumers who have selected a competitive supplier prior to the contract
activation date and do not wish to switch to service under the Town's contract, or those
consumers who affirmatively opt out of the program. In addition, all Eligible Consumers
relocating to the area will be enrolled in the Town's Community Choice Aggregation Program
one month after their delivery account is set up with. Unitil, unless they choose another
supplier, or opt-out following activation of service.
The Town shall file with the DPU, DOER, and Inspector General, within 15 days of signing by the
Board of Selectmen and Town Manager, the signed power supply contract and a report
detailing the process used to execute the contract
4.1.4 Notification of Consumers
Following approval of the contract by the Town, the Supplier shall undertake notification of all
Eligible Consumers on Basic Service to be enrolled prior to enrollment. The Town may also
generally notify all consumers receiving competitive service in Lunenburg of their eligibility to
receive power from the Town's supplier. The process of Notification shall be multi-layered: 1) a
mailing to be mailed by the Supplier; 2) newspaper notices; 3) public service announcements; 4)
posting of notices in Town Hall. Unitil reserves the right to include bill messages pertaining to
the Community Choice Aggregation Program. All notification expenses shall be borne by the
Supplier.
Prior to enrollment, this notification shall: 1) inform consumers they have the right to opt out of
the aggregated entity without penalty and choose Basic Service at any time before or after their
first day of service; 2) prominently state all charges to be made and a comparison of the price
and primary terms of the Town's contract compared to the price and terms of Unitil's Basic
Service; 3) explain how to opt out; 4) provide written notification that no charges associated
with the opt-out will be made by the Supplier.
- 7-
===PAGE 11===
4.1.7 Customer Opt-Out
Eligible Consumers may opt out of service from the Town's Community Choice Aggregation
Program at no charge either in advance of service start up deadlines or at anytime after the first
day of service. Customers who seek to return to Basic Service should provide notice to the
supplier and/or Unitil five (5) or more business days before the next scheduled meter read
date. Participating Residential customers will be transferred to Basic Service in two (2) business
days. Participating Commercial and Industrial customers will be transferred to Basic Service
after their next meter read date provided the meter read date is at least two (2) days after
Unitil is notified of the transfer. There shall be no charge for returning to Basic Service in this
manner. Further opportunities for customer opt-out may be negotiated by the Town and the
competitive power supplier and included in the terms of the contract presented to the Board of
Selectmen, the Town Manager, and made part of the public information offered to each
consumer.
4.2 Termination of the Power Supply Program
The Community Choice Aggregation program may be terminated in two ways:
1) Upon the termination or expiration of the power supply contract without any extension,
renewal, or subsequent supply contract being negotiated;
2) At the decision of the Board of Selectmen and Town Manager to dissolve the Community
Choice Aggregation Program.
Each individual customer receiving power supply service under the Town's Community Choice
Aggregation Program will receive notification of termination of the program ninety (90) days
prior to such termination.
In the event of contract termination, consumers would return to Unitil's Basic Service or choose
a competitive supplier.
5.0 METHODS FOR ENTERING AND TERMINATING AGREEMENTS WITH OTHER
ENTITIES
The Town's process for entering, modifying, enforcing, and terminating all agreements
associated with the aggregation shall comply with the requirements of the Town's charter, and
state and federal laws. Where required, the procedures outlined in MGL Chapter 30B shall be
followed. Other agreements shall be entered, modified, or terminated in compliance with the
law and according to the express provisions of the relevant agreement.
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Delivery Services
Customer Charge
Distribution Charge
Transition Charge
Transmission Charge
Energy Conservation Charge
Renewable Energy
$.05387
$.02751
$.01733
$.00250
$.00050
X
X
500
KWH
500
KWH
.500
KWH
500
KWH
500
KWH
$ 5.29
$26.94
$13.76
$ 8.67
$ 1.25
$ .25
Total Delivery Services
$56.16
Supplier Services
Generation Charge
Basic Service-Fixed
Total Cost of Electriciti
$.07534
,500
KWH
$37.67
$37.67
Total Current Balance
$93.83
7.0 UNIVERSAL ACCESS
"Universal access" is a term derived from the traditional regulated utility environment in which
all customers desiring service receive that service. The DOER's "Guide to Municipal Electric
Aggregation in Massachusetts" has defined universal access to mean "electric services sufficient
for basic needs (an evolving bundle of basic services) available to virtually all members of the
population regardless of income." The Guide also provides that a municipal aggregation plan
meets the requirement of universal access "by giving all consumers within its boundaries the
opportunity to participate, whether they are currently on Default Service or the supply service
of a Competitive Supplier." For the purposes of the Town's Community Choice Aggregation
Program this will mean that all existing Eligible Consumers within the borders of Lunenburg and
all new Eligible Consumers in Lunenburg shall be eligible for service from the contracted
supplier under the terms and conditions of the supply contract. Item one of the Town's goals as
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===PAGE 13===
Unitil concerning specific or general problems related to quality and reliability of transmission
and distribution service in Lunenburg.
10.0 RIGHTS AND RESPONSIBILITIES OF POWER SUPPLY PROGRAM PARTICIPANTS
10.1 Rights
All Community Choice Power Supply Program participants shall enjoy the protections of law
afforded to consumers as they currently exist or as they may be amended from time to time.
These include rights to question billing or service quality or service practices. Under protocols
developed by the DPU, problems related to billing or service shall be directed to the
appropriate parties. All program participants shall also enjoy the individual right to decline
participation in the Town's Community Choice Aggregation Program as noted in the description
of the "opt-out" in section 4.1.7 above.
10.2 Responsibilities
All Community Choice Power Supply Program participants shall meet all standards and
responsibilities required by the DPU, including payment of billings and access to essential
metering and other equipment to carry out utility operations. Nothing in this Community
Choice Power Supply Program shall abrogate the utility's responsibilities as defined in its
General Terms and Conditions for Distribution Service nor shall it abrogate the Participating a
Consumer's responsibilities under the same General Terms and Conditions for Distribution
Service.
11.0 THE CONSEQUENCES OF AGGREGATION
Municipal aggregation functions under the restrictions of state law and carries a range of
results and consequences:
11.1 Consumer Option to Participate in Competitive Market
Many individual consumers lack knowledge and leverage to negotiate terms for power supply.
A municipal aggregator provides them with an option for professional representation and the
leverage of a large group so that they may participate more effectively in the competitive
process and achieve benefits.
11.2 Consumer Ability to Opt Out and Choose Another Supplier
Because the law guarantees the right to opt out, including the right to choose Basic Service at
no charge, all Eligible Consumers have the right to select a supplier other than the one chosen
by the Town Manager and Board of Selectmen.
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