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HomeMy Public PortalAbout20200428 - Select Board - Meeting Minutes TOWN OF HOPKINTON Select Board Meeting Minutes – April 28, 2020 Remote Meeting via Zoom 6:00 PM Select Board Members Present: Brendan Tedstone, Chair, John Coutinho, Vice Chair (6:05 PM), Brian Herr, Irfan Nasrullah, Mary Jo LaFreniere Officials Present: Town Manager Norman Khumalo, Assistant Town Manager Elaine Lazarus CALL TO ORDER​: Mr. Tedstone called the public meeting to order at 6:00 PM. Mr. Tedstone called the name of each Select Board member, and Mr. Herr, Mr. Nasrullah and Ms. LaFreniere responded affirmatively that they were present and could hear him. Mr. Tedstone called the names of staff members, Mr. Khumalo and Ms. Lazarus, who responded affirmatively that they were present. MOVED​ by Mr. Herr and ​SECONDED​ by Mr. Nasrullah to enter into executive session to discuss strategy with respect to contract negotiations with non-union staff and Town Manager, Fire Chief and Police Chief, because the Chair declares that discussion in an open meeting may have a detrimental effect on the bargaining position of the Town, to allow Norman Khumalo and Elaine Lazarus to participate in the discussion, and to convene in Open Session at the conclusion of Executive Session. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-4, No-0​. CALL TO ORDER - REOPEN OPEN SESSION​: Mr. Tedstone called the public meeting to order at 6:30 PM. Mr. Tedstone called the name of each Select Board member, and Mr. Coutinho, Mr. Herr, Mr. Nasrullah and Ms. LaFreniere responded affirmatively that they were present and could hear him. Mr. Tedstone called the names of staff members, Mr. Khumalo and Ms. Lazarus, who responded affirmatively that they were present. Mr. Tedstone called the name of anticipated speakers on the agenda, and those present responded affirmatively. Mr. Tedstone stated that the meeting is being conducted remotely consistent with Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of the COVID-19 virus. He noted that in order to mitigate the transmission of the visus, the Board is complying with the Executive Order that suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location. He stated that the Executive Order allows public bodies to meet entirely remotely as long as the public body makes provisions through adequate, alternative means to ensure that interested members of the public are provided reasonable access to the deliberations of the meeting. He noted that this meeting will feature public comment, including a public hearing on a petition from Verizon and Eversource for the proposed relocation of an existing pole near 42 1 West Elm St. He noted that for this meeting the Board is convening by video conference via Zoom App as posted on the Town’s web meeting calendar and the Board’s agenda identifying how the public may join. He stated that the meeting may also be broadcast by HCAM. He noted that the meeting is being recorded and some attendees are participating by video conference. Mr. Tedstone stated that all supporting materials that have been provided to the Board are available on the Town website via the web meeting calendar, unless otherwise noted. Mr. Tedstone reviewed the ground rules of the meeting including how speakers, board members and the public may participate. He stated that all votes taken in the meeting will be conducted by roll call vote. Board members recited the Pledge of Allegiance. PUBLIC FORUM​: Mr. Tedstone asked if anyone participating wishes to make a public comment. There were no public comments. POLICE CHIEF CEREMONY: ​Mr. Tedstone stated that the Board is pleased to formally appoint Joseph E. Bennett III as Police Chief. It was stated that on April 7, 2020 the Board voted to appoint Chief Bennett subject to successful contract negotiations, and since then contract negotiations have been successfully concluded. It was noted that in Executive Session this evening the Board approved the contract and authorized the Chair to sign. It was stated that Chief Bennett and the Town are in agreement and he has agreed to accept the position. Board members congratulated Chief Bennett, and expressed pleasure that the Town is able to appoint someone who has come up through the ranks. Chief Bennett thanked the Board and his colleagues in the Police Department, noting there is no other place he would rather be. Current and former Police officers, including Pat O’Brien, David Shane, Rick Flannery and Matthew McNeil congratulated Chief Bennett on his appointment. MOVED​ by Mr. Coutinho and​ SECONDED ​by Ms. LaFreniere to appoint Joseph E. Bennett III as Police Chief and to approve the contract. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: Yes-5, No-0​. Connor Degan, Town Clerk, administered the oath of office to Chief Bennett. CONSENT AGENDA​: The Board discussed the application for a Parade Permit on Memorial Day, May 25, 2020, and it was the consensus to add a condition of approval that the event must comply with COVID-19 restrictions and guidelines in effect on the day of the event. Mr. Tedstone referred to the gifts in memory of Francis Pyne, noting that Mr. Pyne was a great individual and is missed. ​MOVED​ by Mr. Coutinho and ​SECONDED​ by Ms. LaFreniere to approve the Consent Agenda items as follows: 1) approve the Minutes of the 4/7/20 Select Board meeting; 2) approve a Parade Permit application submitted by the Veterans Celebration Committee for Memorial Day, May 25, 2020, subject to the condition that the event must comply with COVID-19 restrictions and guidelines in effect on the date of the event, including the possibility that the event must be held remotely; 3) accept a $600.00 gift to the Police Department from the Hopkinton Chinese American Association; 4) accept a $150.00 Ambulance 2 Fund gift from Artie & Dottie Pyne in memory of Francis Pyne; 5) accept a $100.00 Ambulance Fund gift from Michael and Patricia Zepf in memory of Francis Pyne; 6) accept a $25.00 Ambulance Fund gift from William Hamilton Jr. and Alice Hamilton in memory of Francis Pyne; 7) accept a $500.00 gift by the Fidelity Charitable Fund on behalf of Nate and Michelle Williams Charitable Fund in honor of Richard Rahill, firefighter Patrick Rahill’s grandfather; 8) and adjust the terms of Cultural Council members Jonathan Meltzer, Richard Jacobs and Laura Stacey, to run from 12/19/17 to 12/19/20. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-5, No-0​. CONTINUED PUBLIC HEARING, PETITION TO RELOCATE UTILITY POLE ON WEST ELM STREET:​ Mr. Khumalo stated that since the April 7, 2020 hearing where the Board asked the applicant to look at options that did not require additional utility poles, the plan has been revised to propose relocation of the existing pole with the addition of a push brace on it, in place of the proposed pole across the street. Ross Bilodeau, Verizon, described the push brace on the back of the relocated pole, noting that it would be on private property and the owner has agreed to the pole placement. Mr. Tedstone asked for public comment, and there was none. MOVED ​by Mr. Coutinho and ​SECONDED ​by Mr. Nasrullah to close the public hearing. ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-5, No-0​. ​MOVED ​by Mr. Coutinho and ​SECONDED by Ms. LaFreniere to approve the relocation of Pole T.79/E.79 as detailed on the revised plan submitted to the Board. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-5, No-0​. FY 2020 AND 2021 BUDGET UPDATES​: Mr. Khumalo noted that the Town’s FY 2020 financial position is very strong, with over $59M in deposits and investments, and 95% of property tax collections so far this year. He noted that on the Town side of the budget, measures have been implemented to control and defer spending, and he is reviewing all new hires with a view toward placing them on hold until more is known about the tempo of the recovery. He stated that the schools have shared with him that expense spending is being limited to direct education support and building maintenance only, and hiring actions have been paused. Mr. Khumalo stated that with respect to FY 2021 it is more uncertain, with an expectation that previously anticipated local aid will be reduced and much depends on how quickly the economy recovers. He noted that when the Town went through the last recession, the state’s fiscal year 2010 budget was reduced by 4.4% and Hopkinton’s local aid was reduced by 9%, and if the state shares the pain similarly this time, it could equate to a reduction in state aid of 24-28%. He added that the Town is revisiting its estimates for tax levy, new growth, excise tax and other revenues. He noted that staff is concerned about cost growth in the employee health care contract and in general liability insurance expenses, and the potential net tax impact on property owners as all of these factors are adjusted. He stated that under the direction of the Select Board, staff and Town Counsel have been working to accelerate collection of funds due to the Town under the Legacy Farms Host Community Agreement. He added that stabilization funds were only off 3.5% during the recent market downturn, and stabilization funds are intended for this type of situation. He noted that the State has authorized towns to operate with monthly budgets 3 approved by the Select Board and the Mass. Dept. of Revenue if town meetings cannot be held before July 1, and there may be merit in doing so through September with a Town Meeting in the 3rd week of September to pass an annual budget. He noted that this approach would work well for the Town side, but could create problems for the Schools which need a greater level of certainty to decide on new teacher hires before the school year begins. He added that there are several options being considered at the state level, including allowing operating and revolving fund deficits in FY21 to be covered over two or more future years, and allowing Select Boards to authorize tax levies in excess of 2.5% without an override vote. He stated that professional staff is considering all options and is looking at formulating a multi-year strategy to carry the Town through post-COVID recovery. Mr. Herr suggested that if a Town Meeting is held on June 22 it should be limited to emergency financial articles only, to minimize the social contract that would occur over multiple nights. He suggested that the Board formally vote on a hiring freeze, as it has done in the past. He noted that if implemented and someone feels that a position is justified, the Select Board would review and vote whether to allow the hire. He clarified that if the Board imposes a hiring freeze, it does not affect the schools, but he would encourage them to do the same. Mr. Khumalo clarified that the schools have also paused hiring in FY20. MOVED​ by Mr. Herr and ​SECONDED​ by Mr. Coutinho that the Board institute an immediate hiring freeze of all Town positions; said hiring freeze would not apply to active recruitments of which an offer has already been made by the Town. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: Yes-5, No-0. Mr. Coutinho stated that the Parks and Recreation Commission is nervous about loss of summer revenue and the impact on its budget. Mr. Khumalo stated he has spoken with the Chair and the Director, and will explore possible solutions. Mr. Herr asked about the idea of trimming down an annual town meeting in June. It was noted that the warrant has already been opened and closed, and that in accordance with the Town’s Charter, the Board does not have the authority to remove articles. It was noted that the Board could work with article sponsors to postpone them voluntarily. TOWN MANAGER REPORT​: Mr. Khumalo updated the Board on the Main Street Corridor Project, noting that the Town is still waiting for documents to be recorded at the Registry of Deeds before taking the next steps. He noted that the next steps involve sending Notices of Taking to property owners, and Access Agreements to property owners that require improvements to electrical service in order to connect to the new underground service. MOVED​ by Mr. Coutinho and ​SECONDED​ by Ms. LaFreniere that the Select Board vote to approve the form of Notices of Taking and authorize the Town Manager to send Notices of Taking to all affected property owners once the Order of Taking has been recorded and filed with the Registry of Deeds. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-5, No-0. 4 MOVED​ by Mr. Coutinho and ​SECONDED ​by Mr. Nasrullah to approve of the form of the Access Agreement and accompanying cover letter to those property owners that require improvements to their electrical service to connect to the new underground utilities and authorize the Town Manager to send the draft Access Agreement to those property owners. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-5, No-0. Mr. Herr asked if there has been discussion that state or federal funds for this project are at risk, and Mr. Khumalo replied no, and in fact the state has increased its contribution to the project. Mr. Khumalo noted that the Town’s membership in the Metrowest Veterans Services District Agreement is due for renewal. He noted that membership in the regional group is beneficial to the Town, and allows the Town to share personnel rather than hiring its own administrator. In response to a question as to whether Town Counsel has reviewed the agreement, the response was yes. ​MOVED​ by Mr. Coutinho and ​SECONDED​ by Mr. Herr to renew the Metrowest Veterans Services District Agreement and to designate the Town Manager as the Town’s representative on the Board of Directors. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve​: ​Yes-5, No-0. LIAISON REPORTS​: Mr. Coutinho asked about progress on the lease of the town-owned East Main St. property to the 26.2 Foundation. Mr. Khumalo reported that Parks & Recreation and 26.2 Foundation discussed outstanding items and he understands they will be reflected in the agreement. Mr. Herr noted that the Metrowest Regional Transit Authority is losing significant revenue during the State of Emergency, and there will be special meetings to discuss the challenges that are coming. FUTURE AGENDA ITEMS​: It was noted that Shaun McAuliffe, Public Health Director, was unable to attend the meeting this evening, and there would be a COVID-19 update at a future meeting instead. Mr. Tedstone noted the work by the Hopkinton Health Dept. has been phenomenal during this time. MOVED ​by Mr. Coutinho and ​SECONDED​ by Mr. Nasrullah to adjourn the meeting. ​ROLL CALL:​ Mr. Tedstone-Yes; Mr. Coutinho-Yes; Mr. Herr-Yes; Mr. Nasrullah-Yes; Ms. LaFreniere-Yes. ​Vote to Approve: Yes-5, No-0. Adjourned: 8:05 PM Approved: May 5, 2020 Documents used at the meeting: ●Draft Minutes of the 4/7/2020 Select Board meeting ●Application for Parade Permit, Memorial Day 5/25/20, submitted by Veterans Celebration Committee, dated 3/20/2020 and supporting documents 5 ●Permitting Team Comments, Parade Permit Application, Memorial Day 5/25/20 ●Plan entitled “ROW 4AOLP2K - West Elm at Priscilla Road”, dated 3/2/20, prepared by Pike Telecom ●Order for Joint or Identical Pole Location ●Memo dated 4/17/20 to Select Board from Norman Khumalo, re: Staff Report Select Board April 21, 2020 Meeting, with attachments ●Draft Notices of Taking, Main Street Corridor Project ●Agreement to Accept Just Compensation Form ●Pro Tanto Acknowledgement Form ●Form W 9 ●Draft Cover Letter, Main Street Corridor Project Access Agreement ●Access Agreement ●Agreement by and Among the Town of Ashland, Holliston, Hopkinton and Medway for Veterans District and Apportionment of Expenses 6