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Home My Public Portal About20201215 - Select Board - Meeting Minutes TOWN OF HOPKINTON Select Board Meeting Minutes – December 15, 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. Nasrullah called the public meeting to order at 6:00 PM, at which time Mr. Herr, Ms. LaFreniere and Ms. Ritterbusch were also present. MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to enter into executive session to approve executive session minutes, to consider strategy with respect to the purchase, lease, sale or value of real property in relation to the former Liberty Mutual property on Frankland Rd., 0 Hayden Rowe (Dunbar), 0 Hayden Rowe (Metrowest Holdings), East Main St. (Mezitt) property, and the lease of property on East Main St. to the 26.2 Foundation, 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. Mr. Tedstone arrived at this time. 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 6:27 PM. Mr. Tedstone called the name of each Select Board member. Mr. Nasrullah, Mr. Herr 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 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 1 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: There were no public comments. Ms. LaFreniere joined the meeting at this time. COVID-19 UPDATE: There was no Covid-19 update. CONSENT AGENDA: MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to approve the Consent Agenda, consisting of approval of the December 1, 2020 and December 8, 2020 Select Board minutes. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0. ANNUAL LICENSE RENEWALS: The Board reviewed the list of license renewals. Mr. Tedstone noted that the licenses proposed for renewal have passed relevant Police, Fire and Building/Electrical inspections, and Health inspections will be performed at a future date. The Board reviewed the request by Cornell’s Irish Pub, 229 Hayden Rowe, for an Alteration of Premises with respect to the Section 12 All-Alcohol license to allow more space for permanent outdoor dining. Ms. Ritterbusch asked if the permitting team comments should be addressed. Mr. Khumalo stated that the outdoor dining plan must go through the Site Plan Review process with the Planning Board, where the issues identified will be addressed. MOVED by Mr. Nasrullah and SECONDED by Mr. Herr to renew Cornell’s Irish Pub Section 12 On-Premises All Alcoholic Beverages license, Common Victualler and Entertainment license, and approve an Alteration of Premises to increase the area of the permanent outdoor dining area as proposed, contingent upon Site Plan Review by the Planning Board. 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 Mr. Herr to renew Section 12 On-Premises All Alcoholic Beverages licenses, Common Victualler and Entertainment licenses for the following: Carbone’s Restaurant, Dynasty Restaurant, Ko Restaurant, Pan Thai, Quattro/Bison Burger, 110 Grill, Central Public House, Bill’s Pizzeria, Hopkinton Country Club, Woodville Rod & Gun Club. Mr. Herr noted that the Board had previously waived some fees for restaurants, and asked for clarification. Mr. Khumalo stated the Board voted to waive the issuance fees, and application fees are still in place. Mr. Herr suggested extending the waiver to the application fees, as the restaurant industry has been hit hard by the pandemic. Mr. Nasrullah agreed, and the motion was amended to waive the Section 12 application fees for all Section 12 licensees. ROLL CALL: 2 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 Mr. Herr to renew the Section 12 On-Premises Wine & Malt licenses, Common Victualler and Entertainment Licenses for The Spoon and Bittersweet, and to waive the Section 12 application fees. 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 Mr. Herr to renew the Section 19C Farmer Brewery Pouring Permit, Common Victualler and Entertainment Licenses for Start Line Brewing, and to waive the Section 19C application fees. 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. LaFreniere to renew the Section 15 Package Store All Alcoholic Beverage licenses and any associated licenses listed, as follows: Hopkinton Wine & Spirits (no additional licenses); Marty’s fine wines (Common Victualler and Entertainment licenses); Country Farm (no additional licenses). 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. LaFreniere to renew the Common Victualler licenses and additional licenses listed for the following: Price Chopper #231, Starbucks; Dunkin Donuts, 78 West Main St.; Dunkin Donuts, 76 South St.; Starbucks Coffee #20122, 85 West Main St. (entertainment license); Hop-Yo (entertainment license); Muffin House Cafe; Royal Pizza; Aramark at 42 South St., 171 South St., 176 South St., 228 South St.; Angel’s Hilltop Cafe. 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. Tedstone and SECONDED by Ms. LaFreniere to renew the Common Victualler license for Hiller’s Pizza. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-No. Vote to Approve: Yes-4, No-1. MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to renew the Municipal Street License for the Metrowest Regional Transit Authority and the Livery License for Able Limousine. 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 Mr. Herr to renew the Section 15 Package Store Wine & Malt Beverages Licenses and associated licenses as follows: The Vin Bin (Common Victualler, Entertainment); Hopkinton Mobil. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0. 3 BOARD/COMMITTEE APPOINTMENTS: Mr. Tedstone noted there are 4 vacancies on the Cultural Council, and there are 4 incumbents and two new applicants requesting appointment. He stated that the State statute allows Cultural Councils to have 5 to 22 members, and at present there are 11. He noted that the statute also states that no member may serve more than 2 consecutive terms, and all 4 incumbents have just finished their first term and are eligible for reappointment. It was noted that the Board could appoint all 6 applicants to the Cultural Council. MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to appoint the following individuals to the Cultural Council to the terms indicated: ●Darlene Hayes - term expires 11/17/2023 ●Richard Jacobs - term expires 12/19/2023 ●Jonathan Meltzer - term expires 12/19/2023 ●Laura Stacey - term expires 12/19/2023 ●Nasiba Mannan - term expires 12/15/2023 ●Katie Pierce - term expires 12/15/2023 ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0. 2021 ANNUAL TOWN MEETING WARRANT: Mr. Tedstone stated that the Board will consider opening the warrant for the 2021 annual meeting this evening. He referred to the potential General Bylaw amendments in the meeting packet for Board consideration. Ms. Ritterbusch asked if a public hearing would be held on the bylaw amendments, and Mr. Khumalo stated a public hearing will be scheduled. MOVED by Mr. Masrullah and SECONDED by Ms. Ritterbusch to open the May 3, 2021 Annual Town Meeting Warrant and to close the warrant on February 2, 2021. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0. NEW AGENDA ITEM: Mr. Tedstone stated he would like to add an emergency agenda item for consideration. He stated that on Dec. 11, 2020, Don MacAdam, Conservation Administrator, submitted a letter notifying the Town of his intention to retire at the end of December. Because the Board does not meet again until January, he would like the Board to consider allowing the hiring for this position tonight, so that key municipal operations will not be interrupted. MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to take up the new agenda item during the Town Manager Report. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0. TOWN MANAGER REPORT: Mr. Khumalo updated the Board on the Main Street Corridor Project, noting that the Town is preparing for pre construction meetings with MassDOT and the contractor, and that Dave Daltorio is working with the Garden Club as to their planting areas during construction. Mr. Khumalo requested that the Board waive the hiring freeze for the Procurement and Grants Manager and the Conservation Administrator positions. He stated that the Town has seen the benefits of the Procurement and Grants Manager, as it pays for itself. He stated that over the last 4 two years, there were 27 grant applications and $4,180,000 in new revenue as a result. He stated the position is also important from a procurement perspective, risk management efforts, it lowers the tax burden and frees up senior leaders to focus on their primary functions. Mr. Tedstone stated he expects that the position will continue to be productive and beneficial to the Town. Mr. Khumalo stated he has worked with Don MacAdam for many years, and it will be very difficult to find someone who meets the standard he has set for the Conservation Administrator position. He stated that Don will be helping the Town through the transition period. He noted that the position assists the Conservation Commission and has a role in open space management, and there is ongoing litigation and having some to assist with that is key. He requested a waiver of the hiring freeze to fill the position. MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to approve the hiring of a Procurement and Grants Manager and a Conservation Administrator. Mr. Tedstone stated he has worked with Don MacAdam for years, he has been a calming force when people were difficult to deal with, and the Town should fill the position. Mr. Nasrullah stated that Don MacAdam is fabulous and is approachable by all, adding that there will be big shoes to fill. 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 he is working to hold the All-Hands Meeting in January. Mr. Khumalo referred to the request by Eversource for night work on South Street. He noted that the Town has been disappointed by Eversource’s work in the past, most recently the poor work on Main Street for the gas project. He stated he recommends that the work on South St. be done at night rather than during the day, due to traffic considerations. MOVED by Mr. Tedstone not to approve the night work, given Eversource’s prior poor performance. Mr. Khumalo and John Westerling, DPW Director, stated they are comfortable with the night work proposed, which does not involve digging up the roadway. Mr. Tedstone withdrew the motion. MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to approve the night work on South Street by Eversource on Dec. 16, 2020, Dec. 17, 2020, and the weeks of Dec. 28, 2020, Jan. 4, 2021 and Jan. 11, 2021, with the dates to be weather dependent and based on the approval of the DPW Director. Mr. Tedstone asked what will change Eversource’s history of poor work, and there don’t seem to be repercussions from prior failures. Mr. Khumalo noted that this is a smaller scale electrical project and does not involve opening up the road. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0. ANNOUNCEMENT: Mr. Tedstone announced that in Executive Session tonight, the Board voted to authorize the Town Manager to sign a lease with the 26.2 Foundation for the Town property at 53 East Main Street. LIAISON REPORTS/BOARD INVITES: Ms. Ritterbusch stated she attended the 12/14/20 meeting of the Growth Study Committee, which is requesting the addition of an Economic 5 Development office at Town Hall and they would like to attend a Select Board meeting during the budget season to talk about it. FUTURE BOARD AGENDA ITEMS: Implementation of items identified for the Select Board in the Master Plan (Ritterbusch); Growth Study Committee request for Economic Development Office (Ritterbusch). MOVED by Mr. Nasrullah and SECONDED by Mr. Herr 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: 7:08 PM Approved: January 5, 2021 Documents used at the meeting: ●Draft Minutes of the December 1, 2020 and December 8, 2020 Select Board meetings ●Yearly License Renewals for Calendar Year 2021, December 15, 2021 ●Application for Alteration of Premises, Cornell’s Irish Pub, dated 11/24/20 ●Permitting Team Comments, Cornell’s Irish Pub, 229 Hayden Rowe, Alteration of Premises Application - Increase Outdoor Dining Area ●Application forms, Cultural Council: Nasiba Mannan, Katie Pierce, Darlene Hayes, Richard Jacobs, Jonathan Meltzer, Laura Stacey ●2021 Annual Town Meeting & FY 22 Budget Timeline ●Draft 11-17-20 Article V, Depositing Snow, Leaves or Debris ●Draft Article - New Trench Safety Officer Bylaw ●Draft Article - Dog Licensing, General Bylaw Chapter 62 ●Draft Article - Street Opening Permits - New General Bylaw ●Memo dated Dec. 11, 2020 to Select Board from Norman Khumalo, re: Staff Report - December 15, 2020 Select Board Meeting ●Script for Remotely Conducted Open Meetings, Select Board 12/15/20 6