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Hopkinton Board of Selectmen Meeting Minutes September 6, 2011
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TOWN OF HOPKINTON
Board of Selectmen
MINUTES OF MEETING
September 6, 2011
A meeting of the Hopkinton Board of Selectmen was held on Tuesday, September 6, 2011
in Room 215, Town Hall, 18 Main Street, Hopkinton, Massachusetts. Selectmen present:
Todd Cestari, Benjamin L. Palleiko, Michelle Gates, John Mosher and Brian Herr.
Officials present; Town Manager Norman Khumalo, Operations Assistant Geri Holland,
Human Resources Director Maryrose DeGroot, DPW Director John Westerling, Land Use,
Planning and Permitting Director Elaine Lazarus, Police Chief Rick Flannery and Animal
Control Officer Bill Proctor.
CALL TO ORDER: Chairman Cestari called the meeting to order at 6:00PM with the
Pledge of Allegiance. Chairman Cestari read from a press release he’d issued regarding a
meeting between himself, Mr. Palleiko and Mrs. Gates. He assured citizens that no
discussion took place regarding Town policy or operations and that no votes were taken.
Mr. Cestari apologized for not having taken more care to avoid a quorum and thus the
appearance of violating open meeting laws. The discussion concerned a disagreement
between Mr. Palleiko and Mrs. Gates.
IT COORDINATOR: Mr. Khumalo introduced Christopher McClure as his
recommendation for IT Coordinator and requested the Board’s endorsement. Mr. McClure
has more than ten years of experience in municipal information technology and won the
Common Cause E-Government Award while working in Westford, MA. MOTION by
Mr. Herr to endorse the Town Manager’s recommendation of Christopher McClure as the
Town’s IT Coordinator SECONDED by Mr. Palleiko. VOTE to Approve: Unanimous.
PUBLIC FORUM: ►Mrs. Mary Pratt of 102 Fruit Street reported that the towns of
Milford, Bellingham, Marlborough and Ashland have endorsed Hopkinton for a sub-
regional seat on the Metropolitan Planning Organization. ►Ms. Cecelia DelGaudio of 3
Cranberry Lane requested that Hopkinton consider the adoption of the Secure Community
program to protect citizens from illegal immigrant criminals. She cited the recent
vehicular homicide in Milford and the arrest of gang members in surrounding towns. Ms.
DelGaudio asked that a hearing to discuss the program be scheduled. ►Human Resources
Director Maryrose DeGroot announced that a retirees’ breakfast is scheduled for
September 9 at the Senior Center.
ACCOMPLISHMENTS: Mr. Mosher announced that wireless coverage is now available
in the public meeting rooms at Town Hall for individuals attending meetings or conducting
business. Network coverage is available in Rooms 107, 215, 216, 211, and the 3rd floor
conference area.
CONSENT AGENDA: Items contained in the Consent Agenda included: a) Approval of
the 7/21/11 Public Session minutes; b) Accepting a $100.00 gift for the Ambulance Gift
Account from Padmini Pangal and a $2,500.00 gift from the HAA for repairs to the Town
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Common; c) Approval of a parade permit for the Run Around Hopkinton Relay on October
2, 2011; d) Acceptance of the resignation from the Youth Commission of Mark Kosa and
the resignation from the Elementary School Building Committee of Andrew Wailgum,
both effective immediately; and e) Approval of a one-day liquor license for the
Southborough Rod & Gun Club for September 18 for its Annual Field Day. MOTION by
Mr. Herr that the Board of Selectmen approve the Consent Agenda SECONDED by Mr.
Mosher. DISCUSSION: Mrs. Gates confirmed with Mrs. Holland that a change she had
requested in the 7/21 minutes had been made. VOTE to Approve: Unanimous.
LIAISON REPORTS: ►Mr. Herr said that he and Mrs. Gates will attend a Worcester
observance of the tenth anniversary of the 9/11/01 terrorist attack. There will also be a
memorial service at the Town Common at 6:00PM. ►Mr. Mosher announced that Parks
and Recreation has gone paperless. The Activities Brochure is available on-line only. He
welcomed Andy Boyce as the new chair of the Sustainable Green Committee and thanked
Nancy Dourney for her service in this capacity. Mr. Mosher said the appreciation dinner
for volunteers at the Senior Center was very well attended. Volunteers have donated over
13,000 hours of service at the Senior Center in the last year. ►Chairman Cestari urged
citizens to consider volunteering on Town boards and committees, noting recent vacancies
on the Youth Commission and Elementary School Building Committee.
TOWN COMMITTEE BOARD APPOINTMENTS: Cable Advisory Committee
MOTION by Mrs. Gates that the Board of Selectmen approve the appointment of Robert
Hamilton of 9 Claflin Place to the Cable Advisory Committee for a three-year term
SECONDED by Mr. Herr. DISCUSSION: Mr. Hamilton reviewed his experience with
cable, voice and data systems. Mr. Herr noted that cable contract negotiations will be
taking place this year. VOTE to Approve: Unanimous.
Historical Commission - MOTION by Mr. Herr to appoint Michael Roughan of 6 Hayden
Rowe Street to the Historical Commission SECONDED by Mr. Mosher. DISCUSSION:
Mr. Herr observed that Mr. Roughan had been very active in meetings regarding the
proposed expansion of the Library and asked him how this experience may play into his
role on the Historical Commission. Mr. Roughan responded that he would put the interests
of the Town ahead of his own if appointed. VOTE to Approve: Unanimous.
Historic District Commission - MOTION by Mrs. Gates to appoint Robin Fay of 63
South Mill Street to the Historic District Commission as the Greater Boston real estate
representative to complete a three-year term to June 30, 2013 SECONDED by Mr.
Mosher. DISCUSSION: Mr. Herr said that Ms. Fay’s enthusiasm about Hopkinton was
influential in his decision to move here over ten years ago. VOTE to Approve:
Unanimous.
BOND ANTICIPATION NOTES AND STATE AID NOTE (Ch. 90): The Board
considered approving a request from Treasurer/Collector Maureen Dwinnell to approve the
renewal of a bond anticipation note for sewers, roadway planning, water mains and school
plans for $973,339.00; and a State Aid note to refurbish Fire Engine 1, to purchase a
command and control vehicle for the Fire Department and to update wiring, data and alarm
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systems at the Middle School for $1,158,339.00. MOTION by Mr. Palleiko to approve
the Treasurer’s request SECONDED by Mr. Herr. DISCUSSION: Mr. Mosher requested
more detail on the Middle School item. VOTE to Approve: Unanimous.
APPOINTING COMMITTEE: MOTION by Mr. Herr that the Board of Selectmen
meeting recess in order to conduct Appointing Committee business SECONDED by Mr.
Mosher. VOTE to Approve: Unanimous. The Board of Selectmen recessed at 7:02PM.
In addition to the five Selectmen, Town Clerk Ann Click was present. Town Moderator
Bruce Karlin was absent. MOTION by Mr. Palleiko to appoint Jon Graziano of 13
Valentine Road to the Appropriation Committee to complete an unexpired three-year term
to June 30, 2013 SECONDED by Mr. Herr. VOTE to Approve: Yes-6, No-0, Absent-1.
MOTION by Mr. Herr to adjourn the Appointing Committee meeting SECONDED by
Mr. Mosher. VOTE to Approve: Yes-6, No-0, Absent-1. Meeting adjourned at 7:11PM.
The Board of Selectmen meeting reconvened.
CHAMBER OF COMMERCE: Chamber of Commerce President Bob Maguire and
Executive Director Tim Kilduff were present to apprise the Board of progress made toward
developing a partnership with the Town to increase commercial and industrial
development in Hopkinton and to request that the Board accept a memorandum of
understanding between the Town and the Chamber. Mr. Khumalo said the partnership
would not replace efforts of existing boards and committees (i.e., the Planning Board,
Zoning Advisory Committee, etc.), but would institutionalize the work that has already
been done. The “2020 Task Force” includes Kim Collins, Ron Eldridge, Joe Markey,
Peter Mezitt, Ben Palleiko, Fran Perry, Scott Richardson, Steven Zeiff, Bob Maguire and
Tim Kilduff. Mr. Maguire said the goal of the Task Force is to add to the Master Plan
developed in 2007. To date, the Chamber has engaged in discussions with Hopkinton’s
elected state officials and the Metropolitan Area Planning Committee. Chairman Cestari
requested that clarifications be made to the MOU regarding the frequency of meetings
between the Chamber and the Board, as well as reports to the Board. MOTION by Mr.
Herr that the Board of Selectmen sign the Memorandum of Understanding between the
Town and the Chamber of Commerce, effective until 2020, with the clarifications that
annual reviews be conducted between the two bodies and that quarterly progress reports,
written in bullet format, be provided to the Board of Selectmen by the Chamber of
Commerce SECONDED by Mr. Mosher. VOTE to Approve: Unanimous.
GREYHOUND FRIENDS, INC. UPDATE: The Board considered the request from
Louise Coleman, Director of Greyhound Friends, Inc., located at 167 Saddle Hill Road for
a provisional upgrade of the kennel’s license from 22 dogs to 30 dogs. The kennel has
been rebuilt since the initial license was issued in 1998 and is described by Animal Control
Officer Bill Proctor as a “state of the art” facility which could accommodate up to 50 dogs.
Greyhound Friends had to suspend operations due to a cease and desist order issued by the
state based on an inventory taken at the kennel which counted visiting dogs among those
kenneled at the Saddle Hill Road facility. Ms. Coleman confirmed that the visiting dogs
are all properly licensed in the towns where they reside. Since the order took effect,
Greyhound Friends has been unable to accept more dogs or “adopt out” those already
housed at its facility. Mr. Khumalo said the cease and desist order will be lifted based on
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the response by the Town. The Board of Health, Planning Board, Zoning Board of
Appeals and Building Inspector concur that Greyhound Friends, Inc. is in compliance with
all local regulations. Mr. Khumalo added that the kennel supports the goals of the Town
and is constantly monitored by the Animal Control Officer. Ms. Coleman reported that
there have been no complaints by abutters in many years. Concern was expressed by some
Board members as to the precedent that would be set by the Board taking a position when
relevant Town entities have already made their determinations known. MOTION by Mr.
Herr that the Board of Selectmen acknowledge the decisions of the Board of Health, the
Planning Board, the Zoning Board of Appeals and the Building Inspector as the Town of
Hopkinton’s governmental departments in charge of overseeing kennel operations, and is
in support of the increased number of dogs and authorizes the Town Manager to submit
those decisions to the state in support of lifting the cease and desist order issued by the
state, and to determine with the Animal Control Officer the qualifications and the
accounting of the licensed dogs on site SECONDED by Mr. Mosher. VOTE to Approve:
Unanimous.
98 HAYDEN ROWE RFP: Chairman Cestari briefly left the meeting. Mr. Palleiko
assumed the chair in Mr. Cestari’s stead. Mr. Khumalo stated that the proposal submitted
by the Hopkinton Center for the Arts and the Hopkinton Community Endowment meets
the intent of the Town’s request. The proposal has been reviewed by Town Counsel and
the Town Manager recommended that the Board of Selectmen recognize the two entities as
the tenants of the 98 Hayden Rowe Street property and authorize the Town Manager to
execute a 20-year lease agreement at the rate of $1.00 per year between the Town and the
Hopkinton Center for the Arts/Hopkinton Community Endowment. A vote at the 2011
Annual Town Meeting authorized $250,000.00 in Community Preservation Act funds to be
used toward structural preservation of the barn located on the property. This amount will
be matched by the HCE. Mr. Palleiko confirmed with the entities that the Town will not
incur any operational expenses. Mr. Chuck Joseph of the HCE said construction costs will
require an additional $300,000.00. Mr. Palleiko asked the Town Manager if the lease
agreement contained terms of performance obligations by the HCE. Mr. Khumalo
responded that there is an escape clause for the Town, but the agreement contains no
performance bench marks. He agreed to work performance obligations language into the
agreement. (Mr. Cestari returned at 8:24PM). MOTION by Mrs. Gates that the Board of
Selectmen approve the proposal from the Hopkinton Center for the Arts and the Hopkinton
Community Endowment and authorize the Town Manager and Town Counsel to adjust and
execute the lease agreement and recognize the proposal from the Hopkinton Center for the
Arts and the Hopkinton Community Endowment as the most advantageous for the Town
SECONDED by Mr. Palleiko. DISCUSSION: Mr. Herr noted that the recent CPA award
was the third taxpayer subsidized contribution toward this project and suggested that more
public funding for capital construction work may be sought. VOTE to Approve:
Unanimous.
BRIDLE PATH SUBDIVISION: DEED CONVEYING OPEN SPACE TO THE
TOWN: Director of Land Use, Planning and Permitting Elaine Lazarus and attorney
Doug Resnick were present to review the history of the property. Mr. Resnick said the
conveyance is supported by the Conservation Commission because of the willingness of
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the Boy Scouts and other volunteers to perform the minimal stewardship required. He
said the state Department of Environmental Protection is considering a nitrogen loading
easement and restriction. Some of the open space will be used as credit land under Title 5.
It is anticipated that the easement from the state will be granted in 25 days. Mr. Resnick
explained that every home is required to have 10,000 square feet of land per bedroom
available to absorb nitrogen delivered into the ground. The lots in the Bridle Path
subdivision are slightly deficient in land, so some of the open space will be used as credit
land. MOTION by Mr. Palleiko that the Board of Selectmen accept the Deed of Open
Space for the Bridle Path subdivision located off Ridge Road as described in the
documentation included with the 9/6/11 meeting agenda SECONDED by Mrs. Gates.
VOTE to Approve: Unanimous.
DPW TEMPORARY STORAGE: DPW Director John Westerling reviewed the
circumstances (collapsed roof during a snowstorm last winter) necessitating the need for a
new DPW storage facility. Weston & Sampson, as part of a feasibility study for a new
DPW facility, recommends that two tension-membrane structures be purchased at a cost of
$82,000.00. A wooden structure would cost about $95,000.00 and not be portable like the
fabric structure and take longer to install. The cost of the fabric structure will be covered
by the insurance settlement from the collapsed roof. Mr. Westerling requested $90,000.00
to fund the fabric structures, foundations, site preparation, an asphalt pad, lighting and
contingencies. MOTION by Mr. Mosher that the Board of Selectmen approve the request
from the Town Manager and the DPW Director for the replacement of the fallen pole barn
located at the Wood Street DPW location SECONDED by Mr. Palleiko. VOTE to
Approve: Unanimous.
FUTURE AGENDA ITEMS: ►Mr. Herr recalled the request made during the public
forum regarding the Secure Communities Program. ►Mr. Palleiko requested a review of
the Boar has a new chairman and suggested he be invited to present funding requests to the
Board. Mrs. Gates requested a discussion on how the funds allocated to the Cable
Committee by Comcast are used. As the Town is involved in negotiations with Comcast,
Mr. Khumalo suggested an off-line discussion with Mrs. Gates. ►Mrs. Gates asked for a
final reconciliation from last year’s budget and update on this year’s budget developments.
►Mr. Mosher requested a discussion on establishing guidelines for Town boards and
Committees. He cited the lack of availability of bylaws and other documentation to Ms.
Robin Fay regarding the Historic District Commission and said the Board should consider
how it can assist other volunteer committees in putting forward resources. Mr. Mosher
noted that 75% of respondents to a recent survey favor a capital project to address school
needs.
STORM RECAP: Mr. Khumalo reported that power has been restored to all Hopkinton
households. He said information gathering from the 8/29 storm is in progress to prepare
for future events. The Board will be debriefed on emergency operations/response in the
near future. Mr. Khumalo reported that the 80-foot length of failed culvert on East Main
Street will be repaired within two weeks time.
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TOWN MANAGER’S REPORT: Lift Hiring-Freeze: Police Officer – Police Chief
Rick Flannery said Officer Peter Booth’s leave of absence is almost up and it is anticipated
that he will not return to Hopkinton. MOTION by Mr. Mosher that the Board of
Selectmen authorize lifting the hiring freeze to fill the vacancy on the Police Department
SECONDED by Mrs. Gates. VOTE to Approve: Unanimous.
Boston Region Metropolitan Planning Organization (MPO): MOTION by Mr. Mosher
that the Hopkinton Board of Selectmen support the nomination of Needham Board of
Selectmen Chair Moe Handel for one of two “at-large” town seats on the Boston Region
MPO SECONDED by Mr. Palleiko. VOTE to Approve: Unanimous. MOTION by Mr.
Mosher to authorize Chairman Cestari to sign letters of recommendation for the towns of
Milford, Marlborough, Bellingham and Ashland to be members of the Boston Region
MPO SECONDED by Mr. Palleiko. VOTE to Approve: Unanimous.
All Hands Meeting: Mr. Khumalo said the boards under the auspice of the Land Use,
Planning and Permitting Department will reach out to other Town boards and committees
in gathering feedback from the All Hands meeting.
Hopkinton-Southborough Rte. 85 Agreement: Mr. Khumalo reported that the agreement
has been reviewed by Town Counsel and the Conservation and Historic Commissions. All
are in agreement that the specified land takings are necessary in order to extend the
sidewalk to the Hopkinton State Park. MOTION by Mr. Palleiko that the Board of
Selectmen enter into the land-damage agreement with the State Department of
Transportation in the amount of $0.00 for parcels identified as 5-1, 5-1-T, 5-T-E-1, and 5-
TE-2 on the plan titled Hopkinton-Southborough Route 85 Over the Sudbury River on file
with the Chief Engineer of the Highway Division of the Massachusetts Department of
Transportation so as to effectuate the acquisition of the aforementioned parcels by the
Department, pursuant to the bill titled An Act Authorizing the Massachusetts Department
of Transportation to Acquire Certain Parcels of Land in Hopkinton, currently identified as
House Bill 03341 and to execute all documents necessary to effect this vote SECONDED
by Mrs. Gates. VOTE to Approve: Unanimous.
Hockey Ice Arena Update: Mr. Khumalo reported that he will participate in regular
meetings with representatives from Legacy Farms and Demons Hockey. During the most
recent meeting, potential costs and a timeline for moving forward were discussed. A
concept plan is in the works.
Veterans’ District Agreement: Mr. Khumalo reported that the state Department of
Veterans’ Services has formally approved the establishment of a Veterans’ District
consisting of the towns of Hopkinton, Holliston, Medway and Ashland for one year. The
Town Manager maintained that Hopkinton is committed to the needs of area veterans and
noted that Hopkinton’s caseload is relatively low. He requested that the Board accept the
Veterans’ District and specified budget allocations. Mrs. Gates suggested that budget
approval should wait until a formal board is established. Mr. Khumalo responded that
changes could be made subsequent to Board of Selectmen approval and that the budget
would receive continuous monitoring. It was confirmed that the town managers from each
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town in the district have approved the agreement. MOTION by Mrs. Gates that, pursuant
to M.G.L Chapter 115, section 10, that the Board of Selectmen approve and sign the
agreement by and among the towns of Hopkinton, Holliston, Medway and Ashland for a
Veterans’ District, and approve the apportionment of expenses among these towns
SECONDED by Mr. Mosher. VOTE to Approve: Unanimous. MOTION by Mrs.
Gates that the Board of Selectmen authorize the Town Manager to file for a reserve fund
transfer of $15,271.59 to supplement the FY2012 expenses for Veterans’ Services from the
total budget, of which $4,900.00 will fund the Veterans’ Services Director’s salary
SECONDED by Mr. Mosher. VOTE to Approve: Unanimous.
Town Manager’s Goals for FY2012: Tabled.
ADJOURN: MOTION by Mr. Herr to adjourn SECONDED by Mr. Mosher. VOTE to
Approve: Unanimous. Meeting adjourned at 9:28PM.
Respectfully Submitted,
Elizabeth Aghababian
Recording Secretary
Date approved: 10/11/11