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HomeMy Public PortalAbout20230124 - Select Board - Meeting Minutes (002)TOWN OF HOPKINTON Select Board Meeting Minutes –January 24,2023 18 Main Street,Hopkinton MA -Room 215/216 6:00 PM Select Board Members Present:Amy Ritterbusch,Chair,Mary Jo LaFreniere,Vice Chair (6:12 PM),Irfan Nasrullah,Muriel Kramer,Shahidul Mannan Officials Present:Town Manager Norman Khumalo,Assistant Town Manager Elaine Lazarus CALL TO ORDER:Chair Amy Ritterbusch called the public meeting to order at 6:00 PM in the Town Hall.She stated that the public has the option of attending the meeting in person or via Zoom,and the meeting is being recorded.She confirmed that Muriel Kramer,participating remotely,could hear and be heard. Pursuant to M.G.L.c.30A,§21(a)(purpose 3)to consider strategy with respect to collective bargaining relative to Police,Fire and Communications Unions because an open meeting may have a detrimental effect on the negotiating position of the Board;Pursuant to M.G.L.c.30A, §21(a)(purpose 2)to consider strategy with respect to negotiations with non-union personnel (Police Chief and Town Manager);to approve executive session Minutes,to allow Norman Khumalo and Elaine Lazarus to participate in the discussion,and to reconvene in Open Session after the conclusion of Executive Session.MOVED by Irfan Nasrullah and SECONDED by Shahidul Mannan.ROLL CALL:Amy Ritterbusch-Yes;Irfan Nasrullah-Yes;Muriel Kramer-Yes;Shahidul Mannan-Yes.Vote to Approve:Yes-4,No-0. CALL TO ORDER -REOPEN OPEN SESSION:Amy Ritterbusch called the open session to Order at 6:45 PM with the Pledge of Allegiance. PUBLIC FORUM:Douglas Troyer,Cumberland Farms,stated the Board met in December, 2021 regarding traffic changes at Cumberland Farms,and there was a phased plan approach.He stated the changes were completed in April 2022.He stated the Town engaged VHB in 2022 to consider lane delineators in West Main St.,which would eliminate left turns out of Cumberland Farms.He stated Cumberland Farms was advised of this in September 2022.He stated he met with the Town in October to provide concerns and attempt to revise the plan,and hoped for dialogue.He stated he has heard nothing back from the Town since,and learned last week that the Town is proceeding with the project.He stated Cumberland Farms is concerned no one has considered what will happen with tanker trucks,and they will all end up in the downtown and this should be considered.He stated he hoped there would be a study to determine if the changes made already have worked before proceeding with something else.He asked for guidance from the Board.Ms.Ritterbusch stated this item is not on the agenda and could be scheduled for a future meeting.Mr.Khumalo stated the issue of delineators has been considered for years.He 1 stated the Town has been clear that it is going out to bid and the project will be done.Mr.Troyer stated the Town doesn’t realize what the impact to be,and asked the Board to step in because neither the Town Manager nor the DPW Director is returning calls. Robert Savolt,23 Appletree Hill,stated he has read the draft Inter-Municipal Agreement (IMA) pertaining to the Regional Emergency Communications Center (RECC)and has questions:1)it states the RECC will be in Westboro but doesn’t give a location;he asked if it is the contaminated site;and 2)will the number of staffers for Grafton and Southborough will be increased. Kiley Davis,Public Safety Dispatcher,stated she has the following questions/comments about the IMA:1)will the Town have a dark station;2)the RECC is referred to as a “District”and does this mean a town meeting vote is required;3)staffing levels shouldn’t be less than what is currently the level in the towns;4)will the Prophoenix software be used;5)in IMA section 13(c) the word “may”should be changed to “shall”. Chuck Wallace,57 Pinecrest Village,expressed concerns with IMA section 13(c)with the use of “may”instead of “shall”;and stated the Collins Center report does not recommend changes to the ratio but it should be increased to maintain staffing levels.He stated he has a concern regarding upgrading equipment,because the Collins report states current equipment will need to be maintained if the Town joins a RECC,and asked why the Town would pay for upgrades to equipment that it wouldn’t use.He stated that another town had to hire 9 clerks to staff the Police Station to keep it open when it joined a RECC,and it isn’t efficient when a dispatcher has to call a police officer to come to the station to talk to someone. Shannon Casey,Public Safety Dispatcher,stated at the previous meeting it was said that multiple calls could be handled quicker or better during incidents,and this isn’t true.She reviewed current procedures when there are multiple calls for one incident.She stated that dispatchers at the Metacomet RECC have sent people to the wrong addresses,and having dispatchers know the Town makes a difference.She relayed a personal story where family members benefitted by the dispatcher knowing them.She stated that police officers,firefighters and dispatchers don’t want this. Kimberly Clark,24 Mayhew St.,stated Hopkinton residents don’t want the change to a RECC, and people are being intimidated into being silenced.She stated she hopes there will be answers to the questions raised,and is opposed. Don Collins,45 Teresa Rd.,stated there is too much behind the scenes stuff going on,and he expects that all 3 Department Heads will work on whatever is decided regarding the RECC.He stated more answers to questions are needed,and the Town shouldn’t rush into this. Pat O’Brien,13 Ray St.stated he doesn’t understand why the RECC is still being considered, and no information has been provided to residents that indicate this is a good idea.He stated the Town Manager has said it isn’t for financial reasons.He stated the scenario presented at the last meeting was hypothetical,and real facts and answers are needed. 2 CONSENT AGENDA:MOVED by Irfan Nasrullah and SECONDED by Shahidul Mannan to approve the following Consent Agenda items:a)Approve the Minutes of the January 4,2023 and January 10,2023 meetings;b)accept the resignation of Renee Dean from the Sustainable Green Committee.ROLL CALL:Amy Ritterbusch-Yes;Mary Jo LaFreniere-Yes;Irfan Nasrullah-Yes;Muriel Kramer-Yes;Shahidul Mannan-Yes.Vote to Approve:Yes-5,No-0. John Cardillo described his interest in serving on the Veterans Celebration Committee,a promise to a veteran.MOVED by Irfan Nasrullah and SECONDED by Mary Jo LaFreniere to appoint John Cardillo to the Veterans Celebration Committee,to a term expiring June 30,2023.ROLL CALL:Amy Ritterbusch-Yes;Mary Jo LaFreniere-Yes;Irfan Nasrullah-Yes;Muriel Kramer-Yes;Shahidul Mannan-Yes.Vote to Approve:Yes-5,No-0. FY 2024 CONSOLIDATED BUDGET SUBMISSION:Mr.Khumalo reviewed the budget process and the community outreach included within it.He stated there has been a lot of work to evaluate the estimated sources and proposed uses of funds,and more work is still to be done.He stated the budget package provided to the Board is not yet balanced,with over $2.8 million in requests above the 5.1%threshold identified in the Board’s budget guidance.He stated that after a great deal of work,a budget gap of $1.1 million remains,and is summarized in the budget memo.He referred to capital requests,noting that there is an extremely large number of requests that are under consideration for future years.He stated he is recommending that some capital requests be deferred until after the large school projects are resolved.He stated he recommends that the Board consider offering Town Meeting and the voters an opportunity to decide five capital initiatives that would be funded through a debt exclusion.He stated he has not endorsed any of those projects at this time,and a review of the tax impact should be considered.He stated that the budget includes an increase in the OPEB contribution,noting that the most recent actuarial report recommends that the Town get on track toward full funding in the early to mid-2050’s.He stated the budget also recommends adding $700,000 to the General Stabilization Fund,noting that the Town’s financial policies recommend a combined free cash and Stabilization balance of 5%of the operating budget.He stated that the budget document also funds all recurring needs with recurring resources.He stated the Town has used one time money to fund recurring expenses in the last 2 years,and this budget doesn’t do that.He stated that staff can balance the budget,but wants to do so with the community.He stated that austerity measures will be discussed. Mr.Khumalo stated that if the budget is balanced within the Town’s levy limit,it would be a 2.32%increase on the tax bill of existing property owners,which is a $276 increase to the average tax bill.He stated the 5 capital project borrowings would represent an additional $57 on the tax bill,and $15 more will be added for projects approved in fiscal years. Timothy O’Leary,Chief Financial Officer,referred to a growing imbalance between projected sources and uses of funds in future years.He stated there is a structural problem with the schools, noting a single Town department has requirements for budget increases that are more than twice the $2,000,000 available within the tax levy for everything.He noted that New Growth has carried the Town this far,from both residential development and the recapitalization of the 3 Hopkinton LNG facility.He stated residential growth has slowed and the recap will be completed in FY24,so this will limit tax levy increases in future years.He stated this should be kept in mind when considering and prioritizing over-target requests.He referred to the large list of capital project requests anticipated in future years,noting that no estimate for Center School reuse or other items that may be coming has been included.He stated it will be hard to absorb these deficits and debt that exceeds the Town’s statutory limit.He noted that although the Town can have excluded debt for some projects,there will be significant tax impacts. Mr.Mannan asked if this is the right year to increase the amounts going into the Stabilization and OPEB accounts given the projected gap,and asked if there is an urgent need to do so.Mr. O’Leary noted that the OPEB liability has been recalculated and the amount required to be funded by the Town has increased,and a reduction in deposits/increase in unfunded liability affects the Town’s bond rating.He stated that increasing the amount set aside gets the Town back on track for full funding in the 2050’s.He stated a good Stabilization fund is consistent with the Town’s financial policies and shows commitment to financial strength.He stated if it isn’t done, next year when the gap is worse,the problem will be compounded.Mr.Khumalo stated the scale of the impacts on future years should be considered.Mr.Mannan stated the amount put into the Stabilization Fund in FY24 should be the same as in FY 23 ($400,000).He asked why there is a significant increase in the cost for waste collection in FY24.Mr.Khumalo stated it will be discussed at the budget/capital hearing with the DPW Director,but it is due to recycling costs and because E.L.Harvey has been purchased by a national corporation and costs have gone up. Mr.Mannan asked about the resolution of Eversource cases at the Appellate Tax Board as they relate to the amount in the overlay account.Mr.O’Leary stated that FY 17,18 and 19 may be resolved next year.He stated the Town should not count on releasing funds from the overlay account for awhile,given the number of pending and anticipated cases.Mr.Mannan asked about growth projections,and Mr.O’Leary stated it is believed that new growth will decrease from previous years.Ms.Kramer referred to the Growth Study Committee findings that new school children result mostly from resales of existing homes rather than new construction. Ms.Kramer stated that sustainability needs to be built into the budget and encouraged the public to participate in the discussions that shape the Town’s future.She asked how the initial requests from Town departments have been modified during the process,and it was noted that individual departments will be coming to the Board’s budget and capital hearings.Ms.Kramer noted her concerns are compounded by the fact that Center School and Elmwood School reuse aren’t included in capital plans,and the public needs to understand the implications of decisions to be made.She asked for detail on the revolving accounts and how they can be used to mitigate operational budgets. Ms.LaFreniere stated more people need to attend Town Meeting to make these decisions,which affect the future of the town.Mr.Nasrullah stated the Town has been relying on new growth for years,but now there has to be more disciplined spending.Ms.Ritterbusch stated that there are capital items that the Town Manager has not recommended,and asked if the School Committee has reviewed them.Nancy Cavanaugh,School Committee Chair,stated they have not.Ms. Ritterbusch asked if ARPA funds can be used for capital projects,and Mr.Khumalo stated the Town is reviewing that.Ms.Ritterbusch asked if participatory budgeting applications have been 4 received,and Elizabeth Rourke,Senior Accounting Manager,stated two have been received to date.Mr.Khumalo stated some have asked why the Town is conducting this program when there are budget difficulties,and stated that community participation in budgeting is critical. Mike Manning,Appropriation Committee Chair,stated that the OPEB and Stabilization funding should be through free cash,and free cash should not be used to pay for operational budgets.Mr. Mannan stated he would like to see the actuals for the previous year to examine where the excess in budgets has been.Mr.O’Leary stated that budgets are developed a year in advance and the annual town meeting is the only opportunity to fund them.He stated this requires people to budget cautiously,and sometimes there are savings on health care or on a vehicle purchase for example that provides the free cash -and this changes from year to year.Mr.Mannan stated the Town should plan how to manage school enrollment and determine the best path forward.Mr. Khumalo offered to attend any organization or community meeting to talk about the budget. MAY 1,2023 ANNUAL TOWN MEETING WARRANT:The Board considered a list of its own recurring and potential annual town meeting articles for the May 1,2023 Annual Town Meeting. MOVED by Mr.Nasrullah and SECONDED by Mr.Mannan to submit the following articles into the 2023 annual town meeting warrant:1)Acceptance of Town Reports;2)Set the Salary of Elected Officials;3)Accept Foxhollow Rd.as a public way;4)Accept Box Mill Rd.as a public way.ROLL CALL:Amy Ritterbusch-Yes;Mary Jo LaFreniere-Yes;Irfan Nasrullah-Yes; Muriel Kramer-Yes;Shahidul Mannan-Yes.Vote to Approve:Yes-5,No-0. The Board discussed whether to submit an article into the warrant to adopt a new Short Term Rental bylaw.Mr.Nasrullah asked if this has been a problem.Ms.Ritterbusch stated she is in favor of submitting a placeholder article for future discussion at a public hearing.Ms.Lazarus noted that the bylaw was developed with neighborhood residents after their meeting with the Zoning Advisory Committee and a determination that such a regulation should be a General Bylaw instead of a Zoning Bylaw.Ms.Kramer stated she does not think short term rentals are a problem.It was determined that the Board would postpone a vote on submission of the article pending further discussion at the next meeting,and that interested residents and a representative of the Zoning Advisory Committee should be invited to attend. The Board reviewed a proposed Net Zero Resolution from the Sustainable Green Committee. Members stated they are comfortable with the Resolution.MOVED by Ms.LaFreniere and SECONDED by Mr.Nasrullah to submit the Net Zero Resolution into the 2023 annual town meeting warrant.ROLL CALL:Amy Ritterbusch-Yes;Mary Jo LaFreniere-Yes;Irfan Nasrullah-Yes;Muriel Kramer-Yes;Shahidul Mannan-Yes.Vote to Approve:Yes-5,No-0 REGIONAL EMERGENCY COMMUNICATIONS CENTER (RECC):The Board reviewed a draft District Agreement,MetroWest Regional Emergency Communications Center District (the IMA),and Mr.Khumalo outlined provisions that address some of the questions raised.These included identification of the participating towns (Southborough,Westborough, Grafton and Hopkinton),that the Westborough location is a former superfund site,the term of the 5 agreement is 25 years,the governance structure is defined and includes regular reporting to the participating towns,the executive director prepares the annual budget with committee input, Westborough will provide initial financial management services that will eventually transition to a District employee,initial hiring of District personnel is described,as is the procedure for withdrawal.Mr.Khumalo stated that previously he had indicated that establishing a District requires a Town Meeting vote but late last week he learned that the law was changed and now it only requires Select Board approval.He clarified that the question of the apportionment of capital costs has come up,and all initial costs will be borne by the State 911 program.He noted that Southborough’s counsel is looking into the process for funding capital improvements in the future.Mr.Khumalo noted that the District personnel section 13(c)notes that current employees “may”be hired rather than “shall”,and the Town was not successful in getting this change through negotiations.He stated the Agreement gives the executive director guidelines but can’t direct them who to hire.Ms.Kramer stated that she needs the “shall”in the agreement,and doesn’t want the Town’s services to be downgraded in the process. Ms.LaFreniere stated she has concerns about being stuck in the RECC even if the Town wants to withdraw,and doesn’t want to lose autonomy to 3 other towns who might vote against Hopkinton.Mr.Nasrullah clarified that the towns have imposed a deadline of Feb.14 for making a decision.Ms.Ritterbush asked if the RECC board/committee meetings will be subject to the Open Meeting Law,and the response was yes.The number of people on the Board was questioned,and it was stated there would be one from each town plus the executive director -for 5 in total. Mr.Mannan asked about costs to withdraw,and Mr.Khumalo stated the Town would have to pay its fair share of costs incurred.Mr.Mannan stated the Collins Center report isn’t sufficient,he needs numbers based on other RECCs,there are staffing questions,numbers don’t add up,and dark station concerns and costs.Ms.Ritterbusch agreed that cost savings may be unknown,but there is a choice now and there may not be in the future.She stated if the Town is a founding member of a RECC it will have more control and staff assurances than if it joins one that has already been created.She stated she likes the idea of having more control.Ms.Kramer stated there should be a staffing plan for a dark station.She stated that most of the communication received by the Board is opposed,and suggested that a town meeting vote should be considered even though it is not required.The Board discussed a town meeting vote,but noted that it would occur after the decision deadline in February. Mr.Nasrullah suggested holding a meeting on Feb.7 where people can express their opinions. Mr.Mannan stated the economic model needs to be redone because staffing might be more than anticipated.Mr.Khumalo stated the feasibility report is what it is,and the Town needs to do its due diligence.He stated he doesn’t line up behind the numbers in the report,and has never said that it will be economically beneficial to the community.Ms.LaFreniere stated Norfolk was clear there weren’t cost savings,but also said they were getting 2 new towns.She stated the letter from the State is laughable and she would prefer to consider joining a RECC in the future. Don Collins stated the Town should not move too quickly.He questioned minimum staffing levels proposed that equal what the Town has now.Shannon Casey stated many answers in the 6 FAQ document distributed today are wrong.Kiley Davis stated she wants the Communications Director and Police Chief to review the FAQ document before it is released,and Mr.Khumalo stated they have seen the questions and answers. TOWN MANAGER REPORT:Mr.Khumalo referred to the Main Street Corridor Project update in his memo to the Board.He noted that with regard to storage of construction materials on Marathon Way during the winter,the Town will respond,but materials will not be going to Marshall Ave.He stated that the Town is asking MsssDOT to see what they can do,but the contractor has already demobilized. He stated the Town has received the DEP permit for the PFAS filtration project,and is now getting the materials.He stated that with respect to the MWRA connection,negotiations with Southborough are beginning. The release of the following executive session Minutes,some in redacted form,was announced: March 10,2020,April 28,2020,June 22,2020,September 15,2020,September 29,2020, October 20,2020,December 1,2020,December 15,2020,January 5,2021. LIAISON REPORTS:Mr.Mannan stated that the Elementary School Building Committee #2 site selection process is ongoing,with a decision date of Feb.15.Ms.Kramer stated the Youth Commission has reorganized and she is hoping to meet with the new Chair soon.Ms.Ritterbsuch and Mr.Mannan attended the Martin Luther King event and the Lunar New Year celebration this past weekend.Ms.Kramer will attend the Eagle Scout Court of Honor scheduled in February. Mr.Mannan stated that new public parking spaces in downtown are coming on line soon at 25 & 35 Main St. MOVED by Ms.LaFreniere and SECONDED by Mr.Nasrullah to adjourn the meeting.ROLL CALL:Amy Ritterbusch-Yes;Mary Jo LaFreniere-Yes;Irfan Nasrullah-Yes;Muriel Kramer-Yes;Shahidul Mannan-Yes.Vote to Approve:Yes-5,No-0. Adjourned:9:41 PM Approved:February 7,2023 Documents used at the meeting: ●Draft Minutes of the 1-10-2023 meeting ●1-16-2023 Email from Geoff Rowland to Select Board re:Resignation of Renee Dean from Sustainable Green Committee ●Town of Hopkinton MA Boards &Commissions Application Form submitted by John Cardillo 1-9-2023,with resume ●Memo dated 1-20-2023 to Select Board from Norman Khumalo re:Fiscal Year (FY)2024 Comprehensive Budget Transmittal ●Presentation entitled “Town of Hopkinton FY 2024 Budget,January 24,2023” ●2023 Annual Town Meeting Submitted/Potential/Anticipated Articles ●Hopkinton Net Zero Resolution dated 1-13-2023 7 ●Draft General Bylaw 10-20-22,Chapter 164,Short Term Rental of Residential Property ●Letter dated 1-12-2023 to Norman Khumalo from Joseph Crean,State 911 Department ●Draft -January 19,2023,District Agreement,MetroWest Regional Emergency Communications Center District ●Frequently Asked Questions,Regional Emergency Communications Centers ●Memo dated 1-20-2023 to Select Board from Norman Khumalo,re:Staff Report -Select Board January 24,2023 Meeting,with attachment ●Script and Motions for Hybrid Meeting,Select Board 1/24/23 8