HomeMy Public PortalAbout20200818 - Select Board - Meeting Minutes
TOWN OF HOPKINTON
Select Board
Meeting Minutes – August 18, 2020
Remote Meeting via Zoom 5:30 PM
Select Board Members Present: Brendan Tedstone, Chair, Irfan Nasrullah, Vice Chair, Brian
Herr, Mary Jo LaFreniere, Amy Ritterbusch
Officials Present: Town Manager Norman Khumalo, Assistant Town Manager Elaine Lazarus
CALL TO ORDER: Mr. Tedstone called the public meeting to order at 5:30 PM. Mr. Tedstone
called the name of each Select Board member. Mr. Herr, Ms. LaFreniere and Ms. Ritterbusch
responded affirmatively that they were present and could hear him. Mr. Tedstone called the
names of staff members, and Ms. Lazarus responded affirmatively that she was present. Mr.
Tedstone listed additional speakers anticipated at the meeting. Mr. Tedstone stated that the
Board is meeting via Zoom Webinar, and if there is anyone attending who would like to speak
during the Public Forum portion of the agenda, they must notify the meeting host in advance, and
could do so while the Board is in executive session.
Mr. Nasrullah joined the meeting at this time.
MOVED by Mr. Herr and SECONDED by Ms. Ritterbusch to enter into executive session to
discuss strategy with respect to contract negotiations with non union staff; to consider the lease,
sale or value of real property in relation to the Upper Charles Trail because the Chair declares
that an open meeting may have a detrimental effect on the negotiating position of the Board, 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. Nasrullah-Yes; Mr.
Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve:
Yes-5, No-0.
CALL TO ORDER - REOPEN OPEN SESSION: 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, Ms. LaFreniere and Ms. Ritterbusch responded affirmatively that they were
present and could hear him.
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
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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 include public comment. He noted that for this meeting
the Board is convening by video conference via Zoom Webinar 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. Tim Kilduff, 26.2 Foundation, referred to a previous discussion relative to the
planning of a 26.2 mile run in Hopkinton, but out of respect for the runners and the community,
it has been determined that it would be difficult to do it and comply with state guidelines. He
stated he hopes the 125th Boston Marathon will be held in April, 2021. Mr. Tedstone thanked
Mr. Kilduff for his efforts to try and make the event happen.
An individual who identified himself as Bill expressed concern with the recent releases of sex
offenders in the State faciliated by actions of the Massachusetts Bail Fund of which Muriel
Kramer is an officer, and called on her to resign from her positions in the Town.
Mr. Nasrullah referred to two emails received by the Board from people who asked that they be
read aloud at the meeting and that they not be identified. He noted that the Board’s policy is to
ask people to identify themselves, and he asked the Board how to proceed. Mr. Tedstone stated
he understands why people want anonymity based on personal safety concerns. Mr. Nasrullah
stated he is ok with reading the letters as long as the Board agrees to waive the identity
requirement. Ms. LaFreniere stated she has a hard time with the request. Ms. Ritterbusch stated
that Bill, who just spoke, should identify himself. Mr. Tedstone stated they could be doing the
Town a disservice by not allowing anonymity in certain cases. Mr. Herr stated that the emails
are a public document and are available whether they are read aloud or not. Ms. Ritterbusch
suggested that the Board should have a policy on this, noting that there was another anonymous
letter received a few weeks ago. Mr. Tedstone stated he feels that if there is a safety concern,
that’s different than other circumstances. Mr. Nasrullah agreed there should be a policy, and the
issues were further discussed. Mr. Herr suggested using only the first names of the people, and if
someone wants more they can get a copy of the document. Ms. Ritterbusch noted that the emails
came in rather late, and expressed concern with reading them. Ms. LaFreniere stated she is not
in favor of reading the emails. Following further discussion, Mr. Nasrullah read the emails using
only the first names of the writers. He read emails from Laura and from Keith relative to
concerns about the actions of the Massachusetts Bail Fund and calling on Muriel Kramer to
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resign and/or to be removed from Town offices. Mr. Nasrullah clarified that the opinions and
statements he read were those of the writers, and not him.
An individual who identified herself as Ann referred to the comments made by Bill and echoed
his concerns. She called on Ms. Kramer to resign from Town offices.
Ms. LaFreniere stated that Ms. Kramer has done a great job for the Town, and working with the
Mass. Bail Fund is her job. She stated that the bail system needs revamping, and people
shouldn’t kill the messenger.
Ms. Ritterbusch stated she attended the India Day event on the Town Common and she is glad it
was filmed for people to view. She noted that the event followed all guidelines and complied
with flag protocols, and a disruptive incident was handled well and resulted in apologies within a
day or so.
COVID-19 UPDATE: Shaun McAuliffe, Public Health Director, provided an update to the
Board on the Town’s response to the pandemic. He noted there are 136 total cases including 1
active, with 122 recoveries and 13 deaths to date. He noted that the current active case is
quarantined but not cooperating, and they are addressing this with the State as far as the contact
tracing. He stated they have been assisting the schools with reentry and other Town departments
and businesses.
RETIRED AND NEW FIREFIGHTERS: Stephen Slaman, Fire Chief, stated that 4 new
Firefighters have been hired thanks to a grant. He introduced Rebeckah LaPierre, Allyson
Rothenberg, Kyle Stark and Shayne Cook and described their background. Each further
described their background and path to becoming a Firefighter. Board members welcomed each
to Hopkinton.
Mr. Slaman stated that Robert “Boo” Clark retired at the end of 2019 following 40 years of
service to the Town, first as DPW seasonal worker, then Call Firefighter, and finally full-time
Firefighter EMT. He stated that Norman Seymour retired in 2020 after 19 years of service to the
Town as full-time Firefighter EMT. Mr. Tedstone relayed personal recollections of his work
with Mr. Clark. Board members thanked Mr. Clark and Mr. Seymour for their service to the
Town and wished them well.
PLANNING BOARD APPOINTMENT: Gary Trendel, Chair, Robert Benson, Vice Chair,
Muriel Kramer, Deb Fein-Brug, Mary Larson Marlowe, Jane Moran, David Paul, and Sundar
Sivaraman, Planning Board members, joined the Board. Mr. Trendel called the Planning Board
meeting to order at 7:09 PM. Mr. Tedstone chaired the joint meeting. It was noted that the
purpose of the joint meeting is to fill a vacancy on the Planning Board, with the term expiring at
the 2021 annual town election. Mr. Tedstone stated that applications have been received from
Francis DeYoung, Kelly Karp, Jared Pray and Curtis Smithson, and confirmed that all four were
in attendance. Each applicant was called on to describe their interest in serving on the Planning
Board. Mr. DeYoung noted that he wants to contribute to the Town and referred to his prior
service on the Planning Board. He added that he takes a thoughtful approach. Ms. Karp referred
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to prior service on the Planning Board, noting that she is interested in guiding the growth and
development of the Town, and referred to her management experience. Mr. Pray stated he is
interested in growth and change in the Town, adding that he is interested in the evolution of the
Town and how it looks, and what comes next after the Main St. Corridor Project and Legacy
Farms. Mr. Smithson referred to his engineering experience primarily in land development,
noting that he brings the experience of being on the other side of the table.
Ms. Ritterbusch asked each how they would handle a situation where someone applies for
approval and the project meets the requirements, but there is public opposition. Mr. DeYoung
stated he would review the concerns and try to achieve a balance, noting that decisions are
grounded in the legal framework and people also want their voices to be heard. Ms. Karp
agreed, and stated she would listen to what people say but at the end of the day there is a
responsibility to make decisions on the regulations and not personal opinion or feelings. Mr.
Pray stated he would listen to both sides and try to understand the concerns. He noted that the
Board is bound by law but it can be proactive and perhaps there are things that can be done. Mr.
Smithson agreed with what has been said and added it is important that citizens be heard and
acknowledged. He stated that he has been on the other side, and has worked with clients to try
and address the concerns. He stated that a give and take can have positive results.
Mr. Trendel asked each how many Planning Board meetings they have watched or attended in
the last few months. Mr. DeYoung stated around 6; Ms. Karp stated around 6 and she reads the
Minutes and media reports; Mr. Pray stated none, and he reads the Minutes; Mr. Smithson stated
none, and he reads media reports.
Mr. Benson asked each if they: 1) have 6 hours/week available for Planning Board business; 2)
would run for office in the spring; and 3) do they feel the need to repeat the opinions of others
that have already been stated. Mr. DeYoung replied 1) yes, 2) yes, 3) no. Ms. Karp replied 1)
yes, 2) yes, 3) no. Mr. Pray replied 1) yes, 2) probably yes, 3) no. Mr. Smithson replied 1) yes,
2) yes, 3) no.
Ms. Moran noted that each mentioned growth of the Town in some way, and asked if there are
specific areas of growth that are of concern. Mr. DeYoung stated he would look at ways to
better manage residential growth and improve commercial growth. Ms. Karp stated she would
look at managing residential growth and promoting commercial growth. Mr. Pray stated he has
no present concerns, and wants to achieve a balance of housing that fits, with respect to high
density and low density housing. He stated he supports commercial growth. Mr. Smithson
stated he has heard from some that Legacy Farms was an issue and there are concerns as to
whether it fits. He stated he favors controlled sensible growth.
Mr. Sivaraman asked each about the balance between growth and the outdoors/preserving the
character of the Town. Mr. DeYoung stated he favors a balance. Ms. Karp stated that the Town
can have both. Mr. Pray stated he would like a balance. Mr. Smithson stated he would balance
them.
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Mr. Tedstone stated that before entertaining a motion, he would like to ask each Board member
to indicate which candidate they prefer for the position of Planning Board member. Each
responded as follows: Mr. Tedstone - Kelly Karp; Mr. Nasrullah - Fran DeYoung; Mr. Herr -
Kelly Karp; Ms. LaFreniere - Fran DeYoung; Ms. Ritterbusch - Fran DeYoung; Mr. Trendel -
Fran DeYoung; Mr. Benson - Fran DeYoung; Mr. Paul - Fran DeYoung; Ms. Kramer - Fran
DeYoung; Ms. Larson Marlowe - Curtis Smithson; Ms. Fein-Brug - Fran DeYoung; Ms. Moran -
Fran DeYoung; Mr. Sivaraman - Jared Pray.
Mr. Tedstone stated he will entertain a motion to appoint Mr. DeYoung to the Planning Board.
MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to appoint Francis DeYoung to
the Planning Board, to a term expiring at the 2021 annual town election. ROLL CALL: Mr.
Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes; Mr.
Trendel-Yes; Mr. Benson-Yes; Mr. Paul-Yes; Ms. Kramer-Yes; Ms. Larson Marlowe-Yes; Ms.
Fein-Brug-Yes; Ms. Moran-Yes; Mr. Sivaraman-Yes. Vote to Approve: Yes-13, No-0.
MOVED by Mr. Benson and SECONDED by Ms. Larson Marlowe to adjourn the Planning
Board meeting. ROLL CALL: Mr. Trendel-Yes; Mr. Benson-Yes; Mr. Paul-Yes; Ms.
Kramer-Yes; Ms. Larson Marlowe-Yes; Ms. Fein-Brug-Yes; Ms. Moran-Yes; Mr.
Sivaraman-Yes. Vote to Approve: Yes-8, No-0.
PERSONNEL COMMITTEE APPOINTMENTS: The Board reviewed applications for
appointment to the Personnel Committee received from Garry Russell and Bargara Kessler. It
was noted that there are two vacancies on the Committee. MOVED by Ms. Ritterbusch and
SECONDED by Ms. LaFreniere to appoint Garry Russell and Barbara Kessler to the Personnel
Committee, to terms expiring June 30, 2023. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes;
Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0.
FY 2021 BUDGET UPDATES; 2020 ANNUAL TOWN MEETING: Mr. Khumalo stated
finalization of the FY 2021 budget was deferred due to the pandemic so the Town could obtain
better forecasts of revenues and expenditures. He noted that the final budget proposal was
developed based on use of conservative estimates for revenues, sustaining core Town services at
FY 2020 levels, providing funding for contractually obligated expenses, limiting increases in
services to direct classroom needs of the growing student population, suspending the Town
capital improvements program, deferring all operating expenses that can be postponed,
minimizing the use of one-time sources of funding to pay for recurring operating costs, and
minimizing the early use of stabilization reserves. He noted that the New Growth estimate is
now $1,900,000, close to what it was projected before. He stated that no transfers to stabilization
funds are recommended, as the Town will hold these funds for future needs and/or FY 2022. He
noted that it was good news that local aid from the State is funded at the same level as FY 2020
and some may want to resume capital projects, but there will be a long term recovery and an
uncertain future and he recommends a cautious approach. He stated that there may be additional
recommendations with respect to the Parks & Recreation Commission Enterprise Fund, and at
this time recommends that the Board endorse the revised budget and send it to the Appropriation
Committee for review.
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In response to a question as to the recommendation of the School Committee, Mr. Khumalo
stated that it will be discussed at their next meeting, and the process is continuing with
Appropriation Committee review. Mr. Herr asked about tax impact, and Mr. Khumalo stated it
will have a positive impact because of the new growth and local aid.
The Board discussed the 2020 Annual Town Meeting (ATM). Gary Trendel, Chair, Planning
Board, stated that the Planning Board met today and voted not to withdraw its articles from the
warrant. He stated there is a lot of interest in the solar overlay district article. Mr. Khumalo
stated that the Chair of the Trail Coordination & Management Committee has withdrawn its
article, and other administrative articles have been removed. Ms. Ritterbusch stated that the
Growth Study Committee will meet next week and discuss removing its article. Ms. Ritterbusch
stated she would like to make sure that all committees are in favor of the capital articles being
removed. Mr. Khumalo stated that the next annual town meeting is in May, so it’s not too long
to wait, and if there is an urgent issue in the meantime the Board can call a special town meeting.
MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to approve the FY 2021 budget
as presented. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms.
Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0.
Tom Garabedian, Town Moderator, stated that a town meeting working group recommends
having the ATM outside, under a tent. He stated it would be best to conduct and complete the
ATM on the 12th, but it could continue to the 13th if necessary. He stated he would like boards
to limit articles on the warrant to shorten it up and conduct only the most important business,
deferring the rest to the next annual town meeting. He stated that in addition, legislation allows
the Select Board to dictate a smaller quorum than what would normally be required. He stated
that other communities have done it and they haven’t needed it, but it does allow flexibility. He
stated the legislation allows a 90% reduction, but he recommends a reduction by 25%, which is
about 85 to 90. Mr. Garabedian addressed a question as to what would happen if a large number
of people attend, stating that there can be 170 to 180 under the tent and with an overflow, about
the same number of people. He stated that 400 to 500 people would be a problem.
Mr. Herr stated it is troubling that the Planning Board has not recognized the public health and
safety issues associated with a large gathering, noting that one or more of its articles could be
controversial and draw a large number of people. It was noted that after consultation with Town
Counsel, it has been determined that the Select Board does not have the authority to remove the
Planning Board articles.
MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere that the Select Board deliberate
at its meeting scheduled on Tuesday, August 25 about a possible reduction of the quorum
required for the 2020 Annual Town Meeting, such reduction being authorized by Section 7 of
Chapter 92 of the Acts of 2020, and, further, to request the presence of the Town Moderator for
that deliberation as he is required, pursuant to said Section 7 of Chapter 92, to approve of any
such reduction. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms.
Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0.
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MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to reconsider the Select
Board’s vote, on June 16, 2020, to delay the Annual Town Meeting to September 21, 2020.
ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes;
Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0.
MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch that the Select Board, having
previously voted pursuant to M.G.L. c.39, s.9 to delay the Annual Town Meeting from May 4,
2020, to September 21, 2020, vote to reschedule the Annual Town Meeting’s delayed
commencement date to September 12, 2020 at 9:00 a.m. Mr. Garabedian requested a 9:30 a.m.
start date, and a friendly amendment was accepted to change the start time of the Annual Town
Meeting to 9:30 a.m. ROLL CALL, amended motion: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms.
LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0.
DROUGHT - WATER SUPPLY UPDATE FOLLOWING DECLARATION OF
MANDATORY STATE OF WATER SUPPLY CONSERVATION: John Westerling, DPW
Director, stated that the Town is in a designated Significant Drought area. He stated there is a 7”
rainfall deficit to date this year. He stated they have heard that some private wells are running
dry. He stated that aquifer levels are dropping, and they have cut back on well pumping. He
reminded residents that nonessential water use is prohibited. Eric Carty, Water/Sewer Manager,
stated that people have been good, and there is about 97% compliance with the requirements. It
was stated that the Board of Health is regulating private well use.
TOWN MANAGER REPORT: Mr. Khumalo stated that the bid opening date for the Main St.
Corridor Project is now August 25, and staff is working with 25 & 35 Main St. on underground
utility connections. He requested that the Board consider a hiring freeze exemption request for a
Firefighter/Paramedic and a Lieutenant in the Fire Dept., and a Water Division Foreman and a
Water Technician in the DPW. He stated that the positions are essential to providing services to
the Town.
MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to allow the hiring of a
Firefighter/Paramedic and a Lieutenant in the Fire Department, and a Water Division Foreman
and a Water Technician in the Department of Public Works. ROLL CALL: Mr. Nasrullah-Yes;
Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve:
Yes-5, No-0.
LIAISON REPORTS/BOARD INVITES: Mr. Nasrullah reported that the Upper Charles Trail
Committee received a $111,000 grant for the Campus Trail Connector project. Ms. Ritterbusch
stated that she will meet with a Planning Board member and others to discuss Master Plan
implementation items.
FUTURE BOARD AGENDA ITEMS: Board members suggested the following future agenda
items: Town Counsel and Town Manager to develop guidelines on handling anonymous
letters/comments (Tedstone); Ms. Ritterbusch asked if the MAPC Pledge regarding systemic
racism could be put in the next Select Board meeting packet and on a future agenda, and it was
noted that it would be.
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Mr. Khumalo stated that at the next meeting the Board will be reviewing the Motions for the
Annual Town Meeting.
MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to adjourn the meeting. ROLL
CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr.
Tedstone-Yes. Vote to Approve: Yes-5, No-0.
Adjourned: 8:45 PM
Approved: September 1, 2020
Documents used at the meeting:
●Town of Hopkinton, MA Boards & Commissions Application Forms submitted by Francis DeYoung,
Kelly Karp, Jared Pray, Curtis Smithson, Garry Russell, Barbara Kessler.
●Draft Annual Town Meeting Warrant
●Draft Hopkinton Annual Town Meeting, Warrant Articles and Motions
●September 12, 2020 Annual Town Meeting & Budget Timeline
●Memo dated August 18, 2020 to Select Board from Norman Khumalo, re: FY 2021 Comprehensive
Budget, with attachments
●Memo dated August 14, 2020 to Norman Khumalo from John Westerling, re: Update on Drought and
Water Supply, with enclosures (1) Summary of Projected Sources and Uses of Funds, fiscal year
2021, (2) General Fund Five Year Financial Forecasting Model, (3) Projected Tax Impact, fiscal year
2021, (4) Line by Line Appropriation Summary, fiscal year 2021, (5) Capital Improvement Summary,
fiscal year 2021
●Memo dated August 14, 2020 to Select Board from Norman Khumalo, re: Staff Report Select Board
August 18, 2020 Meeting
●FY 2021 Liaison Assignment List
●Script for Remotely Conducted Open Meetings, Select Board 8/18/20
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