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HomeMy Public PortalAbout20110531 - Select Board - Meeting MinutesHopkinton Board of Selectmen Meeting Minutes May 31, 2011 1 TOWN OF HOPKINTON Board of SelectmenMINUTES OF MEETINGMay31, 2011 A meeting of the Hopkinton Board of Selectmen was held on Tuesday,May 31, 2011 atTown Hall, 18 Main Street, Hopkinton, Massachusetts.Selectmen present:Todd Cestari, Ben Palleiko, Michelle Gates,and Brian Herr.John Mosher was absent.Officials present; Town Manager Norman Khumalo,Operations Assistant Geri Holland,Human Resources Director Maryrose DeGroot,DPW Director John Westerling, Police Chief Rick Flannery,Town Clerk Ann Click, Land Use, Planning and Permitting Director Elaine Lazarus, TownCounsel Ray Miyares, and Library Trustees Marie Eldridge and John Belger. CALL TO ORDER:The meeting was called to order in Room 211 at 6:15 PM. The Board addressed the consent agenda and could review their actions at 6:30PM whenthe meeting is reconvenes in Room 215 after the executive session. The votes follow:MOTION Mrs. Gates to approve for signature the Good Scout Award Proclamations for Brian Herr, Pete MacGregor and Colella’s Supermarket SECONDED Mr. Palleiko. VOTE to Approve: Yes-4, No-0, Absent-1.MOTION to accept the Minutes dated May 17, 2011. SECONDED Mr. Palleiko.VOTE to Approve: Yes-4, No-0, Absent-1.Mr. Cestari asked to table the May 10, 2011 minutes.MOTION Mr. Palleiko to approve a parade permit for the Ashland Lions Club to conduct its MetroWest Triathlon on Sunday, June 12, 2011.SECONDED Mrs. Gates.VOTE to Approve: Yes-4, No-0, Absent-1.The Board will review the actions taken at 6:30 PM. 6:20 PM MOTION by Mr.Palleiko to go into Executive Session for the purpose of discussing contract negotiations and litigation; and to allow Mr. Khumalo, Mrs. Holland to participate SECONDED by Mr.Herr.ROLL CALL:Mrs. Gates–Yes, Mr. Cestari–Yes, Mr. Palleiko–Yes,Mr. Herr–Yes.VOTE to Approve:Yes-4,No-0, Absent-1. RE-OPEN PUBLIC SESSION:Chairman Cestari re-opened the Public Session in Room 215 with the Pledge of Allegiance at 6:45 PM.Mr. Cestari reviewed the following actions taken by the board during the public session that began at 6:15 PM in Room 211 as follows: a) approval of the May 17, 2011 Regular Session Minutes; b) Signing proclamations for Brian Herr, Pete MacGregor and Colella’s Supermarket for the 2011Hopkinton Good Scout Award; c) approval of a parade permit for the Ashland Lions Club to conduct its MetroWest Triathlon on Sunday, June 12. Chairman Cestari requested that the May 10, 2011 Minutes be tabled. PUBLIC FORUM:There were no citizen comments. ACCOMPLISHMENTS: Mrs. Gates announced the following accomplishments: The state Inspector General confirmed that Town Engineer/Facilities Coordinator David Daltorio has successfully completed the Design and Construction Certification Seminar, making him eligible for a Massachusetts Certified Public Purchasing Official designation.Police Officer Peter Booth was recognized by MADD Massachusetts as the recipient of Hopkinton Board of Selectmen Meeting Minutes May 31, 2011 2 MADD’s Drive Life Award for his commitment to enforcing drunk driving laws in Massachusetts.Police Chief Rick Flannery was also present to explain the significance of this recognition.Hopkinton residents Geri Holland and Margie Higgins were recently honored at the State House as Unsung Heroines, two of one hundred women to receive thehonor. CONSENT AGENDA:MOTION Mr. Palleiko to accept consent agenda item d) Acceptance of the following gifts: $25.00 from Mary Pratt in memory of Leslie Clark and $75.00 from Historical Committee Treasures on behalf of 8 Commonwealth Avenue.SECONDED by Mrs. Gates.VOTE to Approve: Yes-4, No-0, Absent-1.Chairman Cestari noted that the requested that the May 10, 2011 Minutes be tabled. FUTURE AGENDA ITEMS:Mr. Herr requested an update from the Town Manager with respect to an impact report on a casino in Milford. He stated his opposition to thisproposal. Mrs. Gates requested a discussion on the goals of the Town Manager and Board of Selectmen. Chairman Cestari wants to go through the lists of Future Agenda Items, purge those that have been addressed and ascertain the status of those remaining. LIAISON REPORTS:Mr. Herr commended the Veteran’s Celebration Committee for theMemorial Day exercises and commended Mr. Palleiko on his address. Mr. Palleiko reported that the Open Space Preservation Committee is still considering one property for land acquisition. Chairman Cestari thanked Mr. Palleiko for speaking on Memorial Day on behalf of the Board. LIAISON ASSIGNMENTS: Tabled until the full Board is present. SUMMER MEETING SCHEDULE: Tabled until the full Board is present. PARTIAL RELOCATION OF EASEMENT: The property owners of 7 Brook HollowLane have requested an easement relocation so they can install a pool and patio.The owners have agreed to offer some mitigation to the Town for work already started. The Building Inspector will not issue the permit until the Board of Selectmen approves the easement change. DPW Director John Westerling said the relocation can be done because it won’t limit the Town’s access and will actually make access easier because of the gradeof the proposed new location.Mr. Westerling confirmed that the Conservation Commission has approved the change. Mr. Herr asked if an increase in such requests is anticipated. Mr. Westerling said he’d received two during the past several months. Mr. Khumalo said property owners should review their site plans and deeds prior to starting such projects and have their contractors review the documents as well.MOTION by Mr.Palleiko that the Board vote to sign a Partial Relocation of Easement for Robert DiPietro and Alicia DiPietro, the owners of 7 Brook Hollow Lane SECONDED by Mr. Herr. VOTE to Approve: Yes-4, No-0, Absent-1 CURBSIDE COLLECTION: The Town Manager requested that the Board vote tonegotiate a new contract between the Town and E.L. Harvey & Sons for curbside trash collection. Mr. Westerling has been soliciting proposals from several contractors and E.L. Hopkinton Board of Selectmen Meeting Minutes May 31, 2011 3 Harvey’s was the most advantageous to the Town.Mr. Khumalo requested the Board’s authorization to negotiate a five-year contract with E.L. Harvey,which will begin July 1, 2011. Initial savings are estimated to be $129,000.00, with potential savings being $760,000.00 over the life of the contract. If the Town wishes to switch to automatedcollection, E.L. Harvey will provide the receptacles at no charge with an additional $500,000.00 savings in tipping fees. Single-stream recycling is also available at the current contract price and with terms to protect the Town from fluctuations in the recycling market. Chairman Cestari thanked E.L. Harvey for their on-going willingness to renegotiate with the Town. Mr. Khumalo confirmed for Mr. Herr that Town Counsel hadreviewed the negotiation process. Mr. Herr requested a written cost break-down for a one- year extension of the current contract.MOTION by Mr. Palleiko that the Board of Selectmen vote to accept the Town Manager’s recommendation that the Town enter into negotiations with E.L. Harvey for curbside collection services SECONDED by Mr. Herr.VOTE to Approve: Yes-4, No-0, Absent-1. ADA COMMITTEE UPDATE: Mike DiMascio and Dale Danahy of the ADA Oversight Committee reviewed steps taken to assess and address the Town’s accessibility needs. According to Mr. DiMascio, all buildings should have been surveyed for accessibility in 1993. Schools, public buildings and recreational facilities were checked,but the Town still needs to assess sidewalks and parking lots to meet the 1993 obligation. He said the ADAOC is five years into a ten-year program to address issues at the schools. He said any organization with more than 50 people should designate an ADA ombudsman to bring issues to the ADAOC’s attention. Hopkinton’s ADAOC currently has three at- large members, one representative from the School Committee and one from the Town(Town Engineer Dave Daltorio).Mrs. Danahy and Mr. DiMascio agree that the current arrangement works best. A Town vote could enable the establishment of a Disability Commission which can provide outreach to the community and get guidance from the State. Board members thanked the ADAOC for the presentation. DISCUSSION WITH SENATOR KAREN SPILKA AND REPRESENTATIVECAROLYN DYKEMA: Sen.Spilka reported that the Senate budget finalized on May 27 leaves Chapter 70 and unrestricted aid essentially the same as early estimates. She said she is hopeful that the economic downturn was at its worst in Fiscal Year 2011.The Senator reported that, as Hopkinton’s designee to the Metropolitan Planning Organization, Mr.Westerling is doing a good job. Rep. Dykema reported that the final House budget will be ready by July 1. She said progress had been made on municipal health insurance cost controls and that this budget will increase transportation funding. She said bond bill under consideration will bring Chapter 90 funds back to the Town. She reported that a new veterans’ services agent will be needed, as the one who serves Hopkinton, Holliston,Ashland and Medway is stepping down.Mrs. Gates inquired about properly performing employee reviews under the new open meeting regulations.Rep. Dykema said the state Attorney General advises that overall performance discussions should be held in public, but specifics on salaries and benefits can be done in executive session. Mrs. Gates suggested that the Historical Commission be kept apprised of work being done on thebridge over Route 85 by the Mass. Department of Transportation. In response to Mr. Herr, Sen. Spilka said it is uncertain how the Milford casino proposal will move forward. Sen. Hopkinton Board of Selectmen Meeting Minutes May 31, 2011 4 Spilka said she is trying to get Hopkinton a seat on the Regional Transit Authority, especially as some area transit project proposals have been removed from consideration. Mr. Khumalo closed the discussion by expressing appreciation for the assistance he’s received from Senator Spilka’s and Representative Dykema’s offices. RE-PRECINCTING MAP: Town Clerk Ann Click presented a map denoting the minor changes on Hopkinton’s voting precinct map since the year 2000. The changes are based on data from the 2010 Federal Census. The population increase remained under 4000, so an additional precinct is not needed. When the Board approves and signs the map, Mrs.Click will submit it to the Local Election District Review Commission, which will approve it by December. Mr. Khumalo reported that Town Counsel worked with the Land Use, Planning and Permitting Department, as well as the Town Engineer, on defining the boundaries.MOTION by Mr. Palleiko that the Board of Selectmen vote to approve the legal description for each precinct as proposed by the Town Clerk, the official blocklisting, and the approved map; and that a certified copy of the vote be submitted to the Local Election District Review Commission SECONDED by Mr. Herr.VOTE to Approve: Yes-4, No-0, Absent-1. JOINT MEETING:BOARD OF SELECTMEN AND BOARD OF LIBRARYTRUSTEES:Marie Eldridge and John Belger were present. Mr. Miyares explained that the two members constituted a quorum, as the current Board has only three members because vacancies are excluded.Mrs.Eldridge reviewed the results of the election in which two candidates tied for the second of two three-year terms on the Board of Trustees. Mr. Miyares acknowledged the suggestions submitted by Mr. Ken Weismantle, Chairmanof the Hopkinton Town Republican Committee for resolving the problem and said they were not accepted by the state Election Board. Mrs. Eldridge recognized that the failure to elect resolution was not in keeping with the will of the voters and said she sympathizes, but added there is work to do. She asked the Board of Selectmen to support the vote of the Board of Trustees that there are two vacant seats on the Board of Library Trustees thatneed to be posted on the Town Bulletin Board. The Joint Committee of the remaining three Trustees and the Board of Selectmen must appoint individuals to fill the vacancies until the next election in 2012. The posting will outline the duties as presented in the Charter and advise interested persons to contact Geri Holland.Mr. Miyares advised that making the appointments on June 14 would allow sufficient time for the posting of thevacanciesandthe description. Mr. Herr recognized the efforts of those who got elected and said no one is to blame for the result, saying the Town must follow the process to resolve the issue as soon as possible. In response to Mr. Palleiko, Mr. Miyares explained that the state Elections Division considers each term to be a single office and that it is not acceptable to back-fill the shorter terms. The Towns options were to declare two failuresto elect or declare four failures to elect.Mr. Palleiko said the role of the Board of Selectmen is now to facilitate a response to a situation which is suboptimal.Mrs. Gates said she is a voter who feels disenfranchised. She cited the relevant statute and said the failure to elect action goes against the basic rules of democracy. She requested that the Board reconsider taking action, as the Board of Library Trustees can function as is. Mr.Miyares cautioned that the positions will not be filled if the Board doesn’t vote to appoint, adding that the Elections Division doesn’t hear appeals. Mr. Weismantle said the failure to Hopkinton Board of Selectmen Meeting Minutes May 31, 2011 5 elect has a chilling effect on volunteers and that the decisions by the Town Clerk and Town Counsel were unfair, as 1013 votes (for each candidate)need to be represented.He said appointing two candidates for one-a year term is not fair. Mr.Weismantle offered a third suggestion; that one candidate withdraws and the remaining candidate be eligible forthe three-year term. Mr. Miyares said he will check with the Elections Division on the proposal, but said the Selectmen should proceed with posting the notices. Mr. Palleiko said the Town should pursue this third option, but proceeds with posting the vacancies and making appointments, as no damage would be done. Mrs. Gates disagreed, arguing that taking action acknowledges the failure to elect decision as being appropriate when, in herview, it is not. Chairman Cestari agreed that Mr. Weismantle’s suggestion be presented to the Elections Division and that the exact text from the ballot be provided as well. MOTION by Mr. Herr that the Board of Selectmen and the Board of Library Trustees,in a Joint Committee,set a date for making appointments to fill two vacancies on the Board of Library Trustees for Tuesday, June 14, 2011 and ask the Town Clerk to post on the TownBulletin Board a notice of the date of this vote as follows;“Notice of vote to fill vacancies on the Library Board of Trustees due to a failure to elect in a Town election. There are two vacant seats on the Board of Library Trustees. The Joint Committee will vote on June 14, 2011 to appoint individuals to serve on these two seats until the next Annual Town Election in May, 2012. Any Town resident seeking appointment to the Board of LibraryTrustees should consult the Notice of Vacancies posted on the Town Bulletin Board and contact Geri Holland, Operations Assistant and Clerk to the Board of Selectmen”. SECONDED by Mr. Palleiko.VOTE to Approve: Yes-3, No-0, Absent-1, Abstain-1 (Mrs. Gates). SUSTAINABLE GREEN COMMITTEE:SGC Chair Nancy Dourney reported that her committee has incorporated the charges once held by the defunct Recycling Committee and requested authorization to reduce the number who serve on the SGC from 23 to 16. Of this number, seven will serve at-large, seven will be associate members, one will be a designee of the Board of Selectmen and one will be from the Planning Board. ChairmanCestari thanked Mrs. Dourney for the work done by the SGC to date. He confirmed with Mr. Miyares that all positions need to be posted and the change will be made effective upon the new appointments.MOTION by Mr. Palleiko that the Board of Selectmen vote to approve the modified charge/charter of the Sustainable Green Committee as proposedSECONDEDby Mrs. Gates.VOTE to Approve: Yes-4, No-0, Absent-1. APPLICATION FOR PROJECT ELIGIBILITY LETTER:Hayden Place, 112 Hayden Rowe Street:The Board was asked to review an application submitted by Mr. Rick Barbieri for a Project Eligibility Letter for a proposed subdivision at 112 Hayden Rowe Street. Of the15 lots proposed, 25% of the dwellings will qualify as affordablehousing. The Project Eligibility Letter will contain comments from various municipal authorities and be submitted to MassHousing for consideration.Mr.Barbieri said the market priced homes will sell for about $425,000.00 each. Mr. Palleiko noted that the dense nature of the development will change the character of Hayden Rowe Street. He expressed concern that the number of affordable housing units will not increaseHopkinton’s inventory by much and there is no assurance they will always remain under an affordable housing designation. With regard to the comments on the project submitted Hopkinton Board of Selectmen Meeting Minutes May 31, 2011 6 by other Town officials, Mrs. Gates said the Selectmen should endorse them. Chairman Cestari noted the variance (setback) shortfalls and concurred with Mr. Palleiko about the density of the proposed development.MOTION by Mr. Palleiko that the Board of Selectmen authorize the Town Manager to compile comments by Town boards andcommittees, including the Board of Selectmen, in a letter for submission to MassHousing SECONDED by Brian Herr.VOTE to Approve:Yes-4, No-0, Absent-1. ALTA LEGACY FARMS REGULATORY AGREEMENT:The attorney of Wood Partners presented a Regulatory Agreement and Declaration of Restrictive Covenants for aRental Project for the Board to approve. The document pertains to a rental housing development known as Alta Legacy Farms on Legacy Farms Road. The proposal consists of 240 rental units, 25% of which will be designated as affordable housing. The project has been reviewed by the Planning Board and Conservation Commission. The proposal incorporates suggestions from Land Use, Planning and Permitting (LUPP) regarding feesand extra monitoring reports.LUPP Director Elaine Lazarus confirmed that the document is consistent with the Legacy Farms Host Community Agreement conditions. Mr. Khumalo said provisions have been included to maintain revenue neutrality for the Town in terms of cost reimbursement, plus a provision that affordable housing units remain designated as such and that quarterly reports to that effect be made to the Town.MOTION by Mrs. Gates that the Board of Selectmen vote to approve the Alta Legacy Farms Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project as submitted by [Wood Partners] and that the Chairman be authorized to sign the document SECONDED by Mr. Palleiko.VOTE to Approve: Yes-4, No-0, Absent-1. ALTA LEGACY FARMS LOCAL INITIATIVE PROGRAM APPLICATION:The attorney of Wood Partners said this vote acknowledges that the above application will include many exhibits (monitoring reports)for submission to the state regulating authority. MOTION by Mr. Palleiko to approving the Alta Legacy Farms Local Initiative Program Application SECONDED by Mrs. Gates.VOTE to Approve: Yes-4, No-0, Absent-1. TOWN MANAGER’S REPORT:a) Renewal of State Anticipation Note. Mr. Khumalo said this will finance the final step in the Town’s Chapter 90 Road repair and improvement program.MOTION by Mr. Palleiko that the Board of Selectmen approve the State Anticipation Note in the amount of $39,844.07, plus 1.1% interest for a total of$40,060.21 SECONDED by Mr. Herr.VOTE to Approve: Yes-4, No-0, Absent-1. b) Hockey Rink:Mr. Khumalo reported that the Parks & Recreation Commission will make a presentation at the June 14 meeting on the proposed hockey rink to be built as part of the Legacy Farms project. The estimate of the associated Algonquin gas line will also be presented.c) Water and Sewer Rate Setting for FY2012: The Board of Selectmen are charged with setting the Town’s water and sewer rates following the dissolution of the Board of Public Works. Mr. Khumalo agreed to coordinate a work session for the Board to address this task. Rates must be set by July 1, 2011.d)Goal Setting Session:Mr. Khumalo agreed to coordinate a strategic planning/goalsetting session for FY2012 to include the Board of Selectmen, the Town Manager,chairs from other boards and committees and input from the public. Hopkinton Board of Selectmen Meeting Minutes May 31, 2011 7 ADJOURN:MOTION by Mr.Herr to adjourn SECONDED by Mr. Palleiko.VOTE to Approve:Yes-4, No-0, Absent-1.Meeting adjourned at 10:25PM. Respectfully Submitted, Elizabeth Aghababian Recording Secretary Approved: June 14, 2011