HomeMy Public PortalAbout20090414 - Select Board - Meeting Minutes 1
TOWN OF HOPKINTON
BOARD OF SELECTMEN
MINUTES OF MEETING
April 14, 2009
A meeting of the Hopkinton Board of Selectmen was held on Tuesday, April 14, 2009 at
Town Hall, Hopkinton Massachusetts. Selectmen present: Brian Herr, Mary Pratt,
Matthew Zettek and RJ Dourney. Selectman Shepard was absent. Administrative
personnel in attendance: Clayton Carlisle; Interim Town Manager, and Geri Holland;
Executive Assistant to the Town Manager. Other local officials in attendance: Dr. John
Duffy; Board of Assessors, Ronald Eldridge and Joseph Karner; Appropriations
Committee; DPW Director J. T. Gaucher; Nancy Burdick, School Committee; and Fire
Chief Ken Clark.
PUBLIC SESSION
The meeting was called to order at 6:05PM. Chairman Herr entertained a motion to
move into Executive Session for the sole purpose of discussing contract negotiations, and
then to continue the Public Session in Room 215. So MOVED by Mrs. Pratt and
SECONDED by Mr. Zettek. ROLL CALL: Chairman Herr-Yes, Mrs. Pratt-Yes,
Mr. Zettek-Yes, Mr. Dourney-Yes. VOTE: Yes-4, No-0, Absent-1.
EXECUTIVE SESSION
APPROVAL OF MINUTES: January 20, 2009, February 10, 2009, March 10, 2009,
March 24, 2009 Regular and Executive Session, March 21, 2009, March 24, 2009 and
April 3, 2009 MOTION by Mrs. Pratt to approve the above listed minutes SECONDED
by Mr. Zettek. VOTE to Approve: Yes-4, No-0, Absent-1 (** the vote for 1/20/09
minutes was: Yes-3, No-0, Absent-1, Abstained-1).
PRESENTATIONS/DISCUSSIONS: Health Insurance Trust – Mr. Carlisle
Mr. Carlisle announced that Town employees would continue to be covered through
Harvard Pilgrim as the insurer agreed to provide coverage at an increase of 8.9%, well
below earlier estimates. He said the Insurance Advisory Committee is in favor of
establishing a health insurance trust, but personnel are reluctant to accept the risk. Mr.
Dourney said employees should be educated on the benefits of a self administered trust,
which could save hundreds of thousands of dollars. It was agreed to address the issue
after Town Meeting. Mr. Zettek commended Mr. Carlisle’s efforts in identifying other
options and securing coverage at a savings to the Town.
PROCLAMATIONS/RECOGNITIONS: MOTION by Mrs. Pratt to proclaim Bill
Rogers, Jack Fultz, Coach Bill Squires and Roberta Gibb as honorary Hopkinton citizens
SECONDED by Mr. Zettek. VOTE to Approve: Yes-4, No-0, Absent-1.
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MOTION by Mr. Zettek to proclaim Kenyan Boston Marathon runners Evans Cheruiyot,
Daniel Rono, Benjamin Maiyo, Robert Kpikoech Cheruiyot, Robert Kiprono, Stephen
Kiogora, Timothy Cherigat and Elijah Sang as honorary Hopkinton citizens
SECONDED by Mr. Dourney. VOTE to Approve: Yes-4, No-0, Absent-1.
MOTION by Mrs. Pratt to close the Executive Session and return to Room 215 to
continue the Public Session SECONDED by Mr. Zettek. VOTE to Approve: Yes-4,
No-0, Absent-1. Executive Session closed at 6:30PM.
PUBLIC SESSION (continued)
CALL TO ORDER: Chairman Herr reopened the meeting at 6:30PM with the Pledge of
Allegiance.
CITIZEN COMMENTS: NONE
ACCEPTANCE OF GIFTS: MOTION by Mr. Zettek to accept $68,000.00 from the
Boston Athletic Association for expenses associated with the 113th Boston Marathon
SECONDED by Mrs. Pratt. VOTE to Approve: Yes-4, No-0, Absent-1.
MOTION by Mr. Zettek to accept gifts for the Ambulance Gift Account as follows:
$25.00 from Mary Pratt in memory of Dora Bushway, $50.00 from Jane Dunphy in
memory of Jack Morrissey, $50.00 from the Phipps Insurance Agency, Inc., $25.00 from
Helen O’Brien and $10 from Flora Busconi SECONDED by Mrs. Pratt. VOTE to
Approve: Yes-4, No-0, Absent-1.
LICENSE/PERMIT TRANSACTIONS: Amendment to Max Performance Event
Permit: MOTION by Mr. Zettek to accept changes to the permit as approved by the
Police Chief SECONDED by Mr. Dourney. VOTE to Approve: Yes-4, No-0, Absent-1.
Sixth Annual Sharon Timlin Memorial 5K Race/Family Fun Day to Cure ALS
MOTION by Mr. Dourney to approve a parade permit issued to the Hopkinton Running
Club and Sharon Timlin Memorial Race Committee for use on Saturday, June 20, 2009
from 8:00AM to 1:00PM SECONDED by Mr. Zettek. VOTE to Approve: Yes-4,
No-0, Absent-1.
PRESENTATIONS/DISCUSSIONS: Warrant Articles for Town Meeting
The Board reviewed the warrant articles for the 2009 Annual Town Meeting and agreed
to recommend Articles 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 30, *31, 33, **34, 39, 40, 41 and 42.
The Board agreed to take no action on Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,
27, 28, and 32. Articles 4, 12, 13, 14, 15, 35, 36, 37, 38, 43, 44, 45, 46, 47, 48, 49, 50, 51
& 52 will be addressed when the Board of Selectmen meets on April 21.
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The Board votes to recommend Article 29 with amended language following the public
hearing. Mr. Zettek said the Capital Improvements Committee wants to review this
article as well.
* Mr. Dourney does not support Article 31 – Room Occupancy Tax.
** Mr. Eldridge advised Chairman Herr to get a recommendation from the Board of
Health on Article 34 – Membership in Mosquito Control Project.
Mr. Eldridge noted that Hopkinton is in a unique position in that cuts and layoffs haven’t
been necessary and surplus funds are available. The Appropriations Committee supports
moving $462,000.00 from Free Cash to the Operating Budget so that the average tax bill
will only increase by $17.00 in FY11 rather than by the 2.5% allowed by state law. Mr.
Carlisle suggested the transfer be decided during a fall Town Meeting when variables
such as local aid, local receipts, stimulus funds, the legislature’s determination on the
meals and telecommunications local options, and other savings are known. He also said
the School Committee should participate in discussions relative to use of Free Cash. It
was agreed that if local aid is reduced by a significant amount, a 2.5% property tax
increase may be necessary.
New England Laborer’s Training Trust Fund – Presentation of Gift
Mr. James Merloni, Jr. Administrator of the New England Laborer’s Training Trust Fund
presented a $15,200.00 gift to the Town to purchase a motorized, all-terrain vehicle for
the Fire Department. Fire Chief Ken Clark accepted the gift and said the new vehicle
will replace one that has no off road capability and will significantly enhance the
provision of public safety service to the Town. Chief Clark also expressed appreciation
for the efforts of Mr. Merloni’s son in providing Hopkinton fire fighters with year-round
training. The Board of Selectmen acknowledged the many contributions of the New
England Laborer’s Training Camp/Trust Fund to Hopkinton. Mr. Zettek noted that the
organization’s professional influence extends far beyond Hopkinton.
HEARINGS: Street Acceptance Article for the 2009 May Annual Town Meeting-
7:45PM: MOTION by Mrs. Pratt to open the public hearing SECONDED by Mr.
Zettek. VOTE to Approve: Yes-4, No-0, Absent-1. Streets proposed for acceptance
include Sadie Lane from Smith Road to Bowker Road, Bowker Road from Connelly Hill
Road to a dead end road, Overlook Road from Cedar Street Extension to Greenwood
Road, and Summit Way from Overlook Road to a dead end road. MOTION by Mrs.
Pratt to continue hearing until 8:15 SECONDED by Mr. Zettek. VOTE to Approve:
Yes-4, No-0, Absent-1.
Chairman Herr left the meeting at 8:16PM.
Transfer of License/Change of Manager for P&L, Inc., DBA the Dynasty Restaurant-
8:00PM: MOTION by Mr. Zettek to open the public hearing SECONDED by Mr.
Dourney. VOTE to Approve: Yes-3, No-0, Absent-2. MOTION by Mr. Zettek to
continue the hearing until 8:45PM SECONDED by Mr. Dourney. VOTE to Approve:
Yes-3, No-0, Absent-2.
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Street Acceptance Article continued…
MOTION by Mr. Zettek to reopen the Street Acceptance hearing SECONDED by Mr.
Dourney. VOTE to Approve: Yes-3, No-0, Absent-2. DPW Director JT Gaucher
confirmed that road deficiencies on Sadie Lane and Bowker Road cited in March have
been corrected, that they have passed inspection and that the Planning Board has
approved them. Mr. Gaucher reported that some deficiencies on Overlook Road and
Summit Way have not been corrected due to time constraints and weather. He
recommended that these roads be accepted at Town Meeting with the understanding that
these deficiencies, which are outlined in a memorandum to Mr. Carlisle, be fixed prior to
Town Meeting. Mr. Dourney expressed reservations about approving streets before all
issues are resolved by the developer. He cited Hearthstone Road, where construction
problems arose after the street was accepted that proved costly to the Town. Mr.
Dourney recalled that Toll Brothers, Inc. had submitted the streets for acceptance at the
May 2008 Town Meeting. He asked why the problems haven’t been corrected to date.
An attorney representing Toll Brothers, Inc. said one problem was a curb which was
damaged by snow plows. He said Toll Brothers had no incentive to repair it prior to
winter. He said the drainage problem at Overlook Road and Cedar Street was corrected
and that remaining issues are minor. He added that the streets meet the Town’s
standards. The construction manager, Eric Carlson, said the repairs would be made by
May 4. A performance bond in the amount of $72,000.00 remains on the development.
MOTION by Mr. Dourney to close the public hearing SECONDED by Mr. Zettek.
VOTE to Approve: Yes-3, No-0, Absent-2. Hearing closed at 8:30PM.
MOTION by Mr. Dourney that the Board of Selectmen recommend that Sadie Lane
from Smith Road to Bowker Road and Bowker Road from Connelly Hill Road to a dead
end road be accepted at the 2009 Town Meeting SECONDED by Mr. Zettek. VOTE to
Approve: Yes-3, No-0, Absent-2.
MOTION by Mr. Zettek to continue the public hearing to Transfer the License and
Change of Manager for P&L, Inc., dba the Dynasty Restaurant to Tuesday, April 21,
2009 at 7:15PM SECONDED by Mr. Dourney. DISCUSSION: The hearing was
continued because no representative from P&L, Inc. was present. Ms. Holland confirmed
that the business was notified of tonight’s hearing. As Mr. Dourney will be unable to
attend the 4/21 meeting, he wanted to make sure that the Dynasty’s history regarding
compliance with alcohol service regulations be examined during the hearing. Mr.
Carlisle said he would request the attendance of Police Chief Irvin. VOTE to Approve:
Yes-3, No-0, Absent-2.
APPOINTMENTS: Hopkinton Recycling Committee – One Year Term
MOTION by Mr. Zettek to appoint Jackie Potenzone to the Recycling Committee
SECONDED by Mr. Dourney. VOTE to Approve: Yes-3, No-0, Absent-2.
AUTHORIZATION REQUEST: Mr. Carlisle requested that the Board authorize him
to enter into a contract with the Massachusetts Health and Education Facility Authority
(HEFA) for the supply of natural gas beginning in the next billing cycle. He explained
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that there had been no incentive for the Town to switch from its current provider,
NSTAR, when he reviewed the issue in February. During the interim, the price of natural
gas has dropped 75%. HEFA is the only provider willing to renegotiate the price of gas if
it drops and will extend Hopkinton’s contract beyond the two-year term. Mrs. Pratt
confirmed with Mr. Carlisle that the price will be fixed at the current rate in effect when
the contract is signed on April 15, 2009, unless the price decreases, in which case the
Town will be charged the lower price. MOTION by Mr. Zettek to authorize the Town
Manager to enter into a contract with HEFA for the provision of natural gas to the Town
SECONDED by Mr. Dourney. VOTE to Approve: Yes-3, No-0, Absent-2.
READOUT MAIL: ►Mr. Dourney read the letter from the Hopkinton Athletic
Association regarding the George V. Brown sculpture recently erected on the Town
Common. The sculpture was donated as a gift for no consideration. MOTION by Mr.
Zettek to issue a letter of appreciation to the HAA SECONDED by Mr. Dourney.
VOTE to Approve: Yes-3, No-0, Absent-2. ►Mr. Zettek read the notice of a meeting
of the Open Space Preservation Commission on Wednesday, April 15 at 7:30PM in
Room 211 to discuss the Whitehall Conservation Restriction. ►Mrs. Pratt read the
invitation from the Massachusetts Municipal Association to host a seminar on home
energy. The seminar is about two hours long with one half hour for Q&A at the end. To
date, 56 cities and towns have hosted 74 meetings. The MMA has been commissioned
by the Commonwealth to host 100 such meetings. Mr. Carlisle said the program is a
great opportunity in light of the recently passed Environmental Investment Act, which
offers homeowners a $1,500.00 tax credit if they spend $5,000.00 on environmental
improvements to their homes. He agreed to follow up with the Sustainable Green
Committee and other environmental organizations in Town.
LIAISON REPORTS: ►Mr. Dourney announced that he met with staff at the
Hopkinton Public Library in recognition of National Library Week. He noted that the
recession has resulted in renewed interest in libraries nationwide. Mr. Dourney
commended Library Director Rownak Hussain and other Library employees for keeping
current services intact and expanding upon them. He said that the possibility of
expanding or moving the Library is being examined and applications for state grants are
being prepared. ► Mr. Zettek reiterated that the FY2010 Budget reflects a significant
reduction in funding for the Council on Aging. He said shortfalls may be resolved
through an end of the year transfer. Mr. Zettek acknowledged the impact on COA staff,
despite Hopkinton’s relatively stable financial position, and thanked them for doing more
with less.
FUTURE AGENDA ITEMS: Mrs. Pratt suggested that this be tabled until the full
Board is present.
TOWN MANAGER’S REPORT: ►Mr. Carlisle requested that the Board of
Selectmen support a $48,000.00 reduction in the total FY 2010 Budget through the
Appropriations Committee. The reduction results from a decreased assessment from the
Keefe Technical School. Hopkinton’s total assessment is $389,079.00. Mr. Zettek
thanked Keefe Technical School Committee member Ruth Knowles for her efforts in
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securing the reduction. ►Mr. Carlisle announced that he has identified five opportunities
for savings to be considered at the fall Town Meeting. He will forward this information
to the Board of Selectmen and the Appropriations Committee for discussion with the
incoming Town Manager.
SELECTMEN COMMENTS: ►Mr. Zettek acknowledged the passing of the wife of
Al Rogers, Director of School Buildings & Grounds. Board members extended
condolences to the Rogers family. ►Board members wished those participating in the
upcoming Boston Marathon well.
STREET ACCEPTANCE CONTINUED: Overlook and Greenwood
Roads…MOTION by Mr. Dourney that the Board of Selectmen recommend at Town
Meeting the acceptance of Overlook Road from Cedar Street Extension to Greenwood
Road and Summit Way from Overlook Road to a dead end street, contingent upon
completion of outstanding repairs by May 4, 2009 SECONDED by Mr. Zettek.
DISCUSSION: The conditions will be communicated to Mr. Gaucher and the
developer. As the repairs will cost less than the $72,000.00 performance bond, the
Planning Board may exercise the bond if the conditions are not met. VOTE to Approve:
Yes-3, No-0, Absent-2.
ADJOURN: MOTION by Mr. Dourney to adjourn SECONDED by Mr. Zettek.
VOTE to Approve: Yes-3, No-0, Absent-2. Meeting adjourned at 9:39PM.
Respectfully Submitted,
Elizabeth Aghababian, Recording Secretary
Approved: 5/12/09