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Hopkinton Select Board · 2020–2021 Board · Regular meeting

September 1, 2020

12 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Brendan Tedstone, Irfan Nasrullah, Brian Herr, Mary Jo LaFreniere, Amy Ritterbusch

Absent: None

Every vote, in order

CALL to Order

Enter into executive session to approve executive session minutes, to consider the lease, sale or value of real property in relation to Main Street parking - 25 & 35 Main Street because the Chair...

Minutes, page 1

ProceduralPassed · Unanimous, 5 present

To enter into executive session to approve executive session minutes, to consider the lease, sale or value of real property in relation to Main Street parking - 25 & 35 Main Street because the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the Board, to allow Norman Khumalo and Elaine Lazarus to participate in the discussion, and to reconvene in Open Session at the conclusion of Executive Session

From the minutes

“MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to enter into executive session to approve executive session minutes, to consider the lease, sale or value of real property in relation to Main Street parking - 25 & 35 Main Street because the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the Board, to allow Norman Khumalo and Elaine Lazarus to participate in the discussion, and to reconvene in Open Session at the conclusion of Executive Session. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Nasrullah, second: LaFreniere)

Read it in the official minutes, page 1 (PDF)

Annual Appointments

Appoint Christopher Alicandro to an at-large position on the Community Preservation Committee, to a term expiring June 30, 2023

Minutes, page 3

AppointPassed · Unanimous, 5 present

To appoint Christopher Alicandro to an at-large position on the Community Preservation Committee, to a term expiring June 30, 2023

From the minutes

“MOVED by Mr. Herr and SECONDED by Ms. LaFreniere to appoint Christopher Alicandro to an at-large position on the Community Preservation Committee, to a term expiring June 30, 2023. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Herr, second: LaFreniere)

Read it in the official minutes, page 3 (PDF)

Appoint Dan McInytre and Curtis Smithson to the Permanent Building Committee, to terms expiring June 30, 2023

Minutes, page 3

AppointPassed · Unanimous, 5 present

To appoint Dan McInytre and Curtis Smithson to the Permanent Building Committee, to terms expiring June 30, 2023

From the minutes

“MOVED by Ms. Ritterbusch and SECONDED by Mr. Nasrullah to appoint Dan McInytre and Curtis Smithson to the Permanent Building Committee, to terms expiring June 30, 2023. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Ritterbusch, second: Nasrullah)

Read it in the official minutes, page 3 (PDF)

Appoint Jim Ciriello to the Upper Charles Trail Committee, to a term expiring June 30, 2023

Minutes, page 3

AppointPassed · Unanimous, 5 present

To appoint Jim Ciriello to the Upper Charles Trail Committee, to a term expiring June 30, 2023

From the minutes

“MOVED by Mr. Nasrullah and SECONDED by Ms. Ritterbusch to appoint Jim Ciriello to the Upper Charles Trail Committee, to a term expiring June 30, 2023. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Nasrullah, second: Ritterbusch)

Read it in the official minutes, page 3 (PDF)

Consent Agenda

Approve items i and iii on the Consent Agenda, consisting of: 1) approval of the Minutes of the 8/18/20 meeting; and 2) accept the deed of M.G. Kane Properties Inc. and approve the acceptance by...

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

To approve items i and iii on the Consent Agenda, consisting of: 1) approval of the Minutes of the 8/18/20 meeting; and 2) accept the deed of M.G. Kane Properties Inc. and approve the acceptance by the Conservation Commission of care, custody, management and control of the 3.1 acres of land off Lumber St. to be donated to the Town

From the minutes

“MOVED by Ms. Ritterbusch and SECONDED by Mr. Nasrullah to approve items i and iii on the Consent Agenda, consisting of: 1) approval of the Minutes of the 8/18/20 meeting; and 2) accept the deed of M.G. Kane Properties Inc. and approve the acceptance by the Conservation Commission of care, custody, management and control of the 3.1 acres of land off Lumber St. to be donated to the Town. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Ritterbusch, second: Nasrullah)

Read it in the official minutes, page 3 (PDF)

Accept a $500 gift to the Fire Department from Albert & Karen Irvine

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To accept a $500 gift to the Fire Department from Albert & Karen Irvine

From the minutes

“MOVED by Ms. LaFreniere and SECONDED by Mr. Nasrullah to accept a $500 gift to the Fire Department from Albert & Karen Irvine. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: LaFreniere, second: Nasrullah)

Read it in the official minutes, page 3 (PDF)

Annual Town Meeting

Recommend that Town Meeting approved Article 20

Minutes, page 4

ApprovePassed · 3–0

To recommend that Town Meeting approved Article 20

Yes: LaFreniere, Ritterbusch, TedstoneThe roll call does not list Brian Herr and Irfan Nasrullah, who were at the meeting; they are not shown as voting.

From the minutes

“MOVED by Ms. Ritterbusch and SECONDED by Ms. LaFreniere to recommend that Town Meeting approved Article 20. ROLL CALL: Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-3, No-0.” (Motion: Ritterbusch, second: LaFreniere)

Read it in the official minutes, page 4 (PDF)

Approve and authorize the changes described and reflected in the Warrant and Motions document relative to Articles 1 and 6. Mr. Nasrullah asked if there is a general savings or is it more about...

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To approve and authorize the changes described and reflected in the Warrant and Motions document relative to Articles 1 and 6. Mr. Nasrullah asked if there is a general savings or is it more about the stability of the Parks & Rec. programs. Mr. Khumalo noted it is for the stability of these programs, and will bring transparency to the revenues and expenditures

From the minutes

“MOVED by Mr. Herr and SECONDED by Mr. Nasrullah to approve and authorize the changes described and reflected in the Warrant and Motions document relative to Articles 1 and 6. Mr. Nasrullah asked if there is a general savings or is it more about the stability of the Parks & Rec. programs. Mr. Khumalo noted it is for the stability of these programs, and will bring transparency to the revenues and expenditures. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Herr, second: Nasrullah)

Read it in the official minutes, page 6 (PDF)

Open Meeting LAW Complaint

Find that there has not been a violation of the Open Meeting Law and therefore, no remedial action is required, and to direct Town Counsel, working with the Town Manager, to formally notify the...

Minutes, page 7

ApprovePassed · Unanimous, 5 present

To find that there has not been a violation of the Open Meeting Law and therefore, no remedial action is required, and to direct Town Counsel, working with the Town Manager, to formally notify the complainant and the Attorney General of this determination. Ms. LaFreniere stated that the person who was the subject of the emails should have received them in advance and provided an opportunity to attend to discuss them, adding that the Board should have a firm policy and deadline for such correspondence. Ms. Ritterbusch agreed, adding that it was not a violation of the OML, but the Board needs a better procedure. She stated that there were some emails received this week that weren't read aloud. Mr. Nasrullah agreed, and noted that on the narrow question as to whether it was an OML violation, he agreed it was not

From the minutes

“MOVED by Mr. Herr and SECONDED by Mr. Nasrullah to find that there has not been a violation of the Open Meeting Law and therefore, no remedial action is required, and to direct Town Counsel, working with the Town Manager, to formally notify the complainant and the Attorney General of this determination. Ms. LaFreniere stated that the person who was the subject of the emails should have received them in advance and provided an opportunity to attend to discuss them, adding that the Board should have a firm policy and deadline for such correspondence. Ms. Ritterbusch agreed, adding that it was not a violation of the OML, but the Board needs a better procedure. She stated that there were some emails received this week that weren't read aloud. Mr. Nasrullah agreed, and noted that on the narrow question as to whether it was an OML violation, he agreed it was not. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Herr, second: Nasrullah)

Read it in the official minutes, page 7 (PDF)

Legacy Farms North

Open the public hearing

Minutes, page 8

ProceduralPassed · Unanimous, 5 present

To open the public hearing

From the minutes

“MOVED by Mr. Herr and SECONDED by Ms. Ritterbusch to open the public hearing. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Herr, second: Ritterbusch)

Read it in the official minutes, page 8 (PDF)

Close the public hearing. Mr. MacDowell stated that the Planning Board holds a $776,000 bond to guarantee the remaining work. John Westerling, DPW Director, stated that the punch list is quite...

Minutes, page 8

ProceduralPassed · Unanimous, 5 present

To close the public hearing. Mr. MacDowell stated that the Planning Board holds a $776,000 bond to guarantee the remaining work. John Westerling, DPW Director, stated that the punch list is quite lengthy, and listed several items that are not complete. He stated he would not recommend acceptance at this time, but it could be conditioned on additional work being completed. Mr. Herr stated that school buses need to access the road. Mr. Westerling stated that in addition, the soils are of concern due to the possible presence of pesticides and he does not want the Town to accept any risk. Mr. MacDowell stated that much of the work listed by Mr. Westerling has been completed, and the pesticide issue is new, and he should be provided with the information on this. It was noted that home construction is still ongoing off the road, and concerns were expressed that construction vehicles could damage the roadway. Mr. MacDowell stated there are two major developers there now, and the Town should look to them to correct any damage. It was the consensus of the Board to make a recommendation at its meeting on September 8, 2020

From the minutes

“MOVED by Mr. Herr and SECONDED by Mr. Nasrullah to close the public hearing. Mr. MacDowell stated that the Planning Board holds a $776,000 bond to guarantee the remaining work. John Westerling, DPW Director, stated that the punch list is quite lengthy, and listed several items that are not complete. He stated he would not recommend acceptance at this time, but it could be conditioned on additional work being completed. Mr. Herr stated that school buses need to access the road. Mr. Westerling stated that in addition, the soils are of concern due to the possible presence of pesticides and he does not want the Town to accept any risk. Mr. MacDowell stated that much of the work listed by Mr. Westerling has been completed, and the pesticide issue is new, and he should be provided with the information on this. It was noted that home construction is still ongoing off the road, and concerns were expressed that construction vehicles could damage the roadway. Mr. MacDowell stated there are two major developers there now, and the Town should look to them to correct any damage. It was the consensus of the Board to make a recommendation at its meeting on September 8, 2020. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Herr, second: Nasrullah)

Read it in the official minutes, page 8 (PDF)

Adjourn

Minutes, page 9

ProceduralPassed · Unanimous, 5 present

To adjourn the meeting

From the minutes

“MOVED by Mr. Nasrullah and SECONDED by Ms. LaFreniere to adjourn the meeting. ROLL CALL: Mr. Nasrullah-Yes; Mr. Herr-Yes; Ms. LaFreniere-Yes; Ms. Ritterbusch-Yes; Mr. Tedstone-Yes. Vote to Approve: Yes-5, No-0..” (Motion: Nasrullah, second: LaFreniere)

Read it in the official minutes, page 9 (PDF)

From the Hopkinton Select Board’s official minutes in the town’s Laserfiche document archive (Agendas & Minutes). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Hopkinton Independent (photos by John Cardillo): Brian Herr and Joe Clark (May 2024), Shahidul Mannan and Matthew Kizner (May 2025); Amy Ritterbusch, Hopkinton Independent candidate questionnaire (June 2020).

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