HomeMy Public PortalAbout20140911 - Select Board - Executive Minutes
TOWN OF HOPKINTON
Board of Selectmen
Executive Session Meeting Minutes
September 11, 2014
A meeting of the Hopkinton Board of Selectmen was held on Tuesday, September 11, 2014 at
Town Hall, 18 Main Street, Hopkinton, MA. Selectmen present: John Mosher, Todd Cestari,
John Coutinho, Michelle Gates. Administrative staff present: Norman Khumalo, Jamie Hellen,
Town Counsel Ray Miyares.
CALL TO ORDER: Chairman Cestari called the public meeting to order at 5:36 PM in Room
211.
The Chair entertained a motion to discuss strategies with respect to collective bargaining
updates by the Town Manager with respect to the Police Union, because an open meeting may
have detrimental effects on the bargaining positions of the Board; to discuss considering the
purchase, exchange, lease or value of real property in regards to a property on Lumber Street
and Ash Street, because an open meeting may have a detrimental effect on the negotiating
position of the Board; to discuss strategy with respect to litigation relating to the MTBE class
action lawsuit and Hopkins v. Town of Hopkinton, because an open meeting may have a
detrimental effect on the litigation position of the board; to conduct contract negotiations with
nonunion personnel.
MOVED by Mr. Mosher and SECONDED by Mr. Coutinho. ROLL CALL: Mr. Mosher- Yes, Mr.
Cestari-Yes, Mr. Palleiko-Yes, Mr. Coutinho-Yes. VOTE to Approve: Yes-4, No-0.
DISCUSSION:
MTBE Class Action Suit: Town Counsel gave an overview to the Board of a class action lawsuit
for an MTBE in Town’s water supply, organized by a law firm specializing in these types of suits.
The law firm has reached a settlement is $138,480.25, sans the lawyer’s 33% fee and expenses
at $2,000 in return that the Town gives up their claim against the oil companies’ water supply in
exchange for the payment.
[Ms. Gates entered Executive Session shortly after the first topic began]
MOVED by Mr. Palleiko to have the Town Manager execute the documents for the class action
lawsuit. SECONDED by Mr. Coutinho. ROLL CALL: Mr. Mosher- Yes, Mr. Cestari-Yes, Mr.
Palleiko, Mr. Coutinho-Yes, Ms. Gates. VOTE to Approve: Yes-5, No-0.
Hopkins v. Town of Hopkinton: Town Counsel informed the Board that Mr. Hopkins and the
landscape business on Fruit Street have given the Town a new settlement offer through its
Counsel, Philip C Jack.
MOVED by Mr. Mosher to offer up to $15,000 settlement with no sale to a developer and
prohibit the current owner from applying for a 40B. SECONDED by Mr. Coutinho. ROLL CALL:
Mr. Mosher- Yes, Mr. Cestari-Yes, Mr. Palleiko, Mr. Coutinho-Yes, Ms. Gates-Abstain. VOTE to
Approve: Yes-4, No-0, Abstain-1.
Lumber Street: Town Counsel gave an overview of the Lumber Street negotiations.
[Mr Palleiko exited ES at 5:58PM, John Mosher stepped out of ES at 5:59PM]
Town Counsel and the members of the Board discussed the status of the negotiations and what
components of land acquisition strategy the Town can debate.
[Mr. Palleiko returned to ES at 6:02PM]
[Mr. Mosher returned to ES at 6:07PM]
Due to the fact that the project proposal does not include land acquisitions, the topic now has to
leave Executive Session.
[Mr. Miyares left Executive Session at 6:11PM]
The Town Manager offered brief updates on negotiations with the Police union, including that
they were not agreeable to a one-year contract and would prefer a three-year deal. Mr.
Khumalo announced to the Board, the Town will go back to the protracted negotiations. The
Board had a short discussion with the Town Manager about the negotiations.
The Town Manager gave a short update FLSA implementation.
The Chair entertained a motion to exit executive session and reconvene in public session.
MOVED – Ms. Gates SECONDED – Mr. Palleiko ROLL CALL: Mr. Mosher- Yes, Mr. Cestari -
Yes, Ms. Gates-Yes, Mr. Coutinho-Yes, Mr. Palleiko-Yes. VOTE to Approve: Yes-5, No-0. The
Board moved into public session at 6:33 PM.
Respectfully Submitted,
Todd A. Cestari, Chairman