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HomeMy Public PortalAbout20201020 - Select Board - Meeting Minutes TOWN OF HOPKINTON Select Board Meeting Minutes – October 20, 2020 Remote Meeting via Zoom 6:00 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 6:00 PM. Mr. Tedstone called the name of each Select Board member. Mr. Nasrullah, 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 Mr. Khumalo and Ms. Lazarus responded affirmatively that they were 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. MOVED​ by Mr. Nasrullah and ​SECONDED​ by Ms. LaFreniere to enter into executive session to approve executive session minutes, to discuss strategy with respect to the purchase, lease, sale or value of real property in relation to Main Street parking - 25 & 35 Main Street, the Main Street Corridor Project, former Liberty Mutual property and Upper Charles Trail because 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 reconvene 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 open session to Order at 6:26 PM and called the name of each Select Board member. Mr. Nasrullah, Mr. Herr, 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 long as the public body makes provisions through adequate, alternative means to ensure that 1 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. Ilana Casady, 19 Eastview Rd., spoke in favor of the “Pledge, Principles, and Actions on Systemic Racism in Our Communities and Violence in Law Enforcement” (“MAPC Pledge”). She stated she met with Police Chief Joe Bennett and Mr. Khumalo last week and was impressed with everything the Police Dept. is doing, and would like more people to know about it. She stated the Police Dept. is already following the principles in the MAPC Pledge, and signing it would recognize their work. Carly Grant, 9 Greystone Ln., expressed support for the MAPC Pledge, which is consistent with the preamble to the Town Charter. She stated that signing it would provide a framework for positive change. Jonathan Meltzer, 14 Pike St., expressed support for the MAPC Pledge, adding that he wants the Town to be the best it can be. He stated that incidents can happen anywhere, and he wants Hopkinton to continue to grow and be an example to others. Meena Kaushik, 20 Carriage Hill Rd., encouraged the Board to consider the MAPC Pledge. She stated there is high regard for the Chief and all Police Officers, which is demonstrated by the strategic plan. She stated the MAPC Pledge lets residents know that the Police Dept. is taking action on these items, and it acknowledges that disparity exists and we have to work together to make sure everyone is heard and is safe. COVID-19 UPDATE: ​Shaun McAuliffe, Public Health Director, stated there has been a significant increase in cases in Town over the last 2 weeks, with 7 active at this time. He stated that the average age of people who have contracted Covid-19 has dropped over the last 7 months, from the 60’s several months ago to about 27 now. He stated they are asking residents to follow key defenses, previous protocols and avoid large gatherings. He stated that they want Halloween to be done intelligently, maintaining distancing, face coverings, washing hands, and using sanitizer. He stated Halloween parties are discouraged. He noted it is important that people prepare and plan for the holiday season. He stated that if Massachusetts becomes a red state, the 2 ability to travel here will be limited. The Board thanked Mr. McAuliffe and the Department for all they are doing. EMPLOYEE RECOGNITION: ​The Select Board recognized Carl Harris, Firefighter, who retired and was with the Town for 31 years. Mr. Tedstone thanked Mr. Harris for his service to the Town, noting it is a loss for the Town and he will be missed. Board members thanked Mr. Harris and wished him well. Fire Chief Steve Slaman noted that Mr. Harris and Tom Poirier received an award for a rescue in New Hampshire in 2016. The Select Board recognized Janet MacKay, who is retiring at the end of the month and who has been with the Town for 24 years. Mr. Khumalo stated he is proud to have worked with Ms. MacKay, who exhibited excellence in public service. He stated that she worked through many transitions and was dedicated to the town. Board members wished Ms. MacKay well, noting that she was a consummate professional and will be missed. CONSENT AGENDA: MOVED​ by Mr. Nasrullah and ​SECONDED​ by Ms. Ritterbusch to approve the Consent Agenda, consisting of: 1) approval of the Minutes of the Sept. 15, 2020 and Sept. 29, 2020 Select Board meetings, and 2) approval of a Change of Manager for the 110 Grill, to Robert Neilsen. ​ROLL CALL:​ Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. ​Vote to Approve: Yes-5, No-0. APPOINTMENTS: ​ The Board reviewed the application submitted by Samuel Docknevich requesting appointment to the Council on Aging. There were no questions for Mr. Docknevich. MOVED​ by Mr. Nasrullah and ​SECONDED​ by Ms. Ritterbusch to appoint Samuel Docknevich to the Council on Aging, to a term expiring 6/30/2023. ​ROLL CALL:​ Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. ​Vote to Approve: Yes-5, No-0. Mr. Tedstone left the meeting at this time. MORTGAGE AND RENTAL RELIEF PROGRAMS: ​Mr. Khumalo outlined a program initiated by the Town using CARES Act funding, and thanked Tim O’Leary and Chris Heymanns for their assistance in developing the program. He stated this is consistent with the directives of the Board to pursue opportunities to allow every resident to continue to be part of the community. He stated the program was developed and will be administered by the Finance Dept., and will provide assistance to seniors in the tax work off program who, due to Covid-19, have been unable to work as planned. He stated the program will also fund rent and mortgage assistance to means-tested qualifying households. It was stated that initial funding is $100,000, and it will be reviewed again after applications are submitted. It was stated that the program will conclude at the end of December, 2020. Ms. Lazarus described an application prepared for submission to the Community Preservation Committee to fund a Covid-19 emergency housing relief program for fiscal year 2021. She stated the program would provide rent and mortgage assistance to households earning up to 80% of the area median income. She stated that households would qualify if they reside in any rental 3 unit, or if they own and occupy a deed restricted affordable housing unit in Hopkinton. She stated the program would pay up to 70% of the monthly rent or mortgage payment for up to 3 months. Ms. LaFreniere recused herself from the discussion as she participates in the senior tax work off program. The Board discussed the programs and expressed support for housing relief for residents. MOVED​ by Ms. Ritterbusch and ​SECONDED​ by Mr. Herr to support the application to the CPC for Covid-19 related emergency housing relief. ​ROLL CALL:​ Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Abstain; Ms. Ritterbusch-Yes. Mr. Tedstone was not present. ​Vote to Approve: Yes-3, No-0, Abstain-1. Mr. Khumalo confirmed that Board approval is not required to implement the CARES Act funded program. MEANS TESTED SENIOR CITIZEN PROPERTY TAX EXEMPTION: ​John Neas, Principal Assessor, referred to the Means-Tested Senior Tax Exemption program, and stated that annually the Board needs to select an exemption percentage for qualified seniors. He noted that the percentage can be between 50% and 200%. Board members stated that the program is a good one, and expressed support for the maximum exemption. In response to a question, Mr. Neas stated he recommends 200%, but it is a Board decision. It was noted that when the exemption is granted, the shift is to other residential taxpayers, which would be about 2 cents on the residential tax rate to those who do not receive the exemption. Mr. Neas stated the exact amount will be known when the tax rate is ready to be set. MOVED​ by Ms. LaFreniere and ​SECONDED​ by Ms. Ritterbusch to adopt exemptions at 200% of the calendar year 2019 Circuit Breaker Income Tax Credit for calendar year 2021. ​ROLL CALL:​ Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes. Mr. Tedstone was not present. ​Vote to Approve: Yes-4, No-0. Mr. Tedstone returned to the meeting at this time. BOARD DISCUSSION - MEMBER AGENDA ITEMS: 1) MAPC PLEDGE; 2) RULES OF PROCEDURE: ​The Board discussed the MAPC “Pledge, Principles, and Actions on Systemic Racism in Our Communities and Violence in Law Enforcement”. Mr. Nasrullah stated he is encouraged by the Pledge, noting that there’s a lot in there, and there appears to be resident support for it. He noted that the Police Dept. is already addressing many of these issues, and they should be brought into the discussion. Mr. Herr stated he agrees 100% with the Pledge directionally, but is concerned that it could create the need for collective bargaining, and wants to make sure the Board doesn’t open up a situation without understanding that. It was suggested that Town Counsel and Labor Counsel could review it from that standpoint. Ms. LaFreniere stated she agrees with the thought and reasoning behind the Pledge, but noted that Town Counsel recommends talking with Labor Counsel and the Police Chief regarding legislative initiatives first, and that the Pledge refers to civil service but the Town is not in the civil service system. 4 She suggested the Town could develop its own Pledge. Ms. Ritterbusch stated she is supportive of the concepts in the Pledge, adding that the Board should follow Town Counsel’s advice and have a modified Pledge. She recommended sending it to Town Departments, including Human Resources, for comment. Mr. Tedstone stated he is committed to the principles in the Pledge, and believes that much of what is being expressed is already being done. He stated that he thinks Department Heads already understand that these principles are important to the Town. The Board discussed its Rules of Procedure adopted in 2009 and the Public Forum Policy adopted in 2007. Mr. Nasrullah stated that Town Counsel’s letter identified good things for the Board to talk about. He recommended that the Public Forum Policy state that the intent is for residents (as opposed to non-residents) to speak, and that the language encouraging advance notice be sharpened up. Mr. Herr stated he was on the Board when these were adopted, and in general they have served the Town well. He stated this might not be the best time to make changes as things are not normal now and the Board is only meeting virtually. Ms. LaFreniere stated she feels strongly that people must give a name and address before speaking during public forum. She stated that the anxiety during the pandemic has caused tensions to be heightened. She added that she doesn’t think that speakers must be Town residents. The Board discussed that at times, speakers have not been residents, but are involved with a Town issue, event or project in some way. Ms. Ritterbusch suggested setting up a separate email contact for public comment, changing “residents” to “the public” in the Public Forum Policy, and stated that speakers should identify their name, address and affiliation. She suggested using the policy adopted by the Natick School Committee as an example. She noted that there could be an earlier deadline for public comment submissions, reflecting the change in Town Hall hours on Fridays. Mr. Tedstone expressed concern that if something came up after the deadline then the Board couldn’t accommodate it at public forum. It was noted that although the Board encourages people to provide advance notice of an intent to speak, it is not required. Mr. Nasrullah stated that people should have some connection with the Town in order to speak. Mr. Tedstone stated that legally, the Town isn’t required to have a public forum at meetings at all. He expressed concern that people may say things on their computer that they would not say in person. Ms. Ritterbusch stated that in general, the recommendations made at this meeting are valid at in person and at virtual meetings, as a way of doing business. Mr. Nasrullah stated that the Chair has always asked for people to state their name and address, and once there was an extenuating circumstance and in his mind the Board makes decisions on a case by case basis and it was well thought out. He stated there are always going to be extenuating circumstances that arise. It was the consensus that the Board would review draft modifications to the Rules of Procedure, Public Forum Policy and the Pledge at the first meeting in November. TOWN MANAGER REPORT​: Mr. Khumalo stated that the Town is waiting for MassDOT to announce the winning bidder for the Main Street Corridor Project. Mr. Khumalo requested that the Board waive the hiring freeze to allow the hiring of an Assistant Town Accountant. He stated it is a key position that processes weekly town warrants, 5 participates in the audit process, tax rate setting, among others. ​MOVED​ by Mr. Nasrullah and SECONDED​ by Ms. Ritterbusch to allow the hiring of an Assistant Town Accountant. ​ROLL CALL:​ Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. ​Vote to Approve: Yes-5, No-0. Mr. Khumalo stated that the Permanent Building Committee is progressing well on the Center School reuse report, and is planning to bring in a consultant to address the different options. He stated the Committee is also becoming involved in the public safety facility site analysis study. Mr. Khumalo stated he will be submitting an application to the CPC for funding to preserve and restore the windows at Center School. Ms. Ritterbusch stated that the Historic District Commission is available to review plans whenever they are ready. LIAISON REPORTS/BOARD INVITES​: Ms. Ritterbusch stated that the Zoning Advisory Committee is holding a public forum on Oct. 26 for residents to bring ideas for zoning changes. FUTURE BOARD AGENDA ITEMS​: Mr. Nasrullah requested discussion of where the Town is with tree management. Ms. Ritterebusch referred to an email the Board received from a resident asking for a bylaw that prevents leaves from being deposited into the street. 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: 8:04 PM Approved: Nov. 10, 2020 Documents used at the meeting: ●Draft Minutes of the September 15, 2020 and September 29, 2020 Select Board meetings ●ABCC Application “Amendment - Change of Manager” and supporting documents, 110 Grill, Robert Neilsen, Manager, dated 9/16/20 ●General Application Form, 110 Grill, dated 9/16/20 ●Application Form, Samuel Docknevich, dated 10/7/20 ●Memo dated 10/16/20 from John Neas, Chief Assessor, Re: Massachusetts Statutes, Chapter 234 of the Acts of 2018 ●Massachusetts Municipal Leaders Pledge, Principles and Actions on Systemic Racism in our Communities and Violence in Law Enforcement ●Town of Hopkinton Board of Selectmen Rules of Procedure, Approved October 14, 2009 ●Board of Selectmen Public Forum Policy, Adopted June 26, 2007 ●Letter dated 10/16/20 to Select Board from J. Raymond Miyares, Town Counsel, Re: Select Board Rules and Procedures ●Letter dated 10/16/20 to Select Board from J. Raymond Miyares, Town Counsel; MAPC Pledge ●Script for Remotely Conducted Open Meetings, Select Board 10/20/20 6