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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. 2 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. 3 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. 4 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 5 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 6 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