HomeMy Public PortalAbout20160607 - Select Board - Executive Minutes
Minutes Released 9-11-18
TOWN OF HOPKINTON
Board of Selectmen
Executive Session Meeting Minutes
June 7, 2016
A meeting of the Hopkinton Board of Selectmen was held on Tuesday,June 7,2016,In Room
211,Hopkinton Town Hall,18 Main Street,Hopkinton,MA.Selectmen present:Brian Herr,
Todd Cestari,Claire Wright,Brendan Tedstone,John Coutinho (arrived at 6:10 p.m.).
Administrative staff present:Norman Khumalo (Town Manager),Christopher Heep (Town
Counsel) and Michael Peirce (ZBA).
CALL TO ORDER:Chairman Herr called the public meeting to order at 6:00 PM in Room 211,
Hopkinton Town Hall and entertained a motion to discuss strategies with respect to collective
bargaining updates by the Town Manager relative to Fire and Dispatch,because an open
meeting may have detrimental effects on the bargaining positions of the Board;to discuss
strategy with respect to litigation relative to 78 West Main Street,because an open meeting may
have detrimental effects on the litigating positions of the Board;to discuss strategy relative to
contract negotiations with non-union staff,Town Manager;to allow Town Staff Norman
Khumalo,Christopher Heep (Town Counsel)and Michael Peirce (ZBA Vice Chair)to
participate; and, to reconvene in open session at the conclusion of executive session.
MOVED by Mr.Cestari and SECONDED by Mr.Herr.ROLL CALL:Herr-Yes,Mr.Cestari-Yes,
Mrs. Wright-Yes, Mr. Tedstone-Yes.. VOTE to Approve: Yes-4, No-0.
DISCUSSION:
Mr. Coutinho arrived at this time.
Fire and Dispatch Union Negotiations Update:Mr.Khumalo advised the Board that the Town
was awaits Dispatch Union’s response to the Town’s invitation to open negotiations.As to Fire
Union,he advised that the Union was pushing hard to convert stipends from a fixed amount to a
percentage of the base.
78 West Main Litigation:Mr.Heep told the Board that Land Court’s issued its ruling on the
Motion for Summary Judgment in Coco Bella LLC v.Hopkinton Board of Appeals,2 High Street
Realty ,LLC and SF Management,LLC.As you may recall,this case concerns the site plan
approval issued to SF Management,LLC,authorizing a Dunkin’Donuts at 78 West Main Street.
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Minutes Released 9-11-18
The Planning Board originally approved the site plan,the abutter (Coco Bella LLC)then
appealed that site plan approval to the ZBA.The ZBA affirmed the the Planning Board’s
decision,and the abutter then appealed to Land Court.Several months ago,
co-defendant/developer SF Management moved for summary judgment against Coco Bella,
attacking their standing to maintain this appeal,and this is the decision on that motion.Land
Court ruled both that the abutters have standing,and that the proposed Dunkin’Donuts cannot
be permitted as a “retail”use -specifically that “the use of the word ‘restaurant’in which all
customers are seated,precludes the characterization of the proposed Dunkin Donuts shop as a
‘retail store'and requires that it be characterized as a restaurant at which fewer than all
customers are seated.Because this use is not listed as a use either permitted by right or by
special permit in the Bylaw,it is prohibited.”As a result,the Land Court found that the Dunkin’
Donuts is not eligible for site plan approval,and annulled the decision of the ZBA.The Board
discussed Town options taking into account that this ruling is inconsistent with prior zoning
practice in Town.
Contract negotiations with Town Manager:Mr.Herr advised the Board that Mr.Khumalo
reported that a recent audit of employee vacation time revealed that he had a balance of
161.6680 of unused vacation time (roughly 4 weeks).Per the employee handbook and as
approved by Ben,Mr.Khumalo elected to buy back 40 hours at the end of June and carry over
80 hours into Fiscal Year 17.The balance of 161 hours is above and beyond the
aforementioned and came to light recently.Following discussion it was MOVED by Mr.Cestari
that the Board of Selectmen approve the Town Manager’s request buy back an additional 2
weeks and contingent that other employees in the same situation be treated similarly;and
SECONDED by Mr.Coutinho ROLL CALL:Mr.Herr-Yes,Mr.Cestari-Yes,Mr.Tedstone-Yes,
Mrs. Wright-Yes and Mr. Coutinho-No. VOTE to Approve: Yes-5, No-0
The Chair entertained a motion to exit executive session and reconvene in open session.
MOVED by Mr. Cestari and SECONDED by Mr. Coutinho
ROLL CALL:Herr-Yes,Mr.Coutinho-Yes,Mr.Cestari-Yes,Mrs.Wright-Yes,Mr.
Tedstone-Yes. VOTE to Approve: Yes-5, No-0. The Board left executive session at 6:45 PM.
Respectfully Submitted,
Brian J. Herr, Chairman
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