Town of Hudson - Board of Selectmen
Minutes –April 5, 2004
1. Call to Order:
Present were Messieurs Leeber, Loura, Durant, Lucy, Resendes, Cipriano, and Blazar. Also present were Mesdames Ciccolo and Santos.
2. Minutes to be Approved:
Public Session: March 22, 2004
On a motion by Mr. Durant, seconded by Mr. Loura, the Board voted by a margin of 4-0-1 to approve the minutes. Mr. Resendes abstained.
Executive Session: March 22, 2004
On a motion by Mr. Lucy, seconded by Mr. Loura, the Board voted by a margin of 4-0-1 to approve the minutes. Mr. Resendes abstained.
3. Citizen’s Issues:
Arthur Gordon was present to express his concerns about the site damage to several homes on Laurel Drive. Several residents from that location were present as well to make their plight known to the Board. Among those present were David Perry, Stacy Flood, David Lambert, and Hugo Guidotti on their behalf. The Board made it clear that the town’s jurisdiction, if any, rested with the Planning Board.
4. Meetings and Public Hearings - 7:00 PM:
Selectmen to meet with State Senator Pam Resor.
Senator Resor discussed a number of issues with the Board including the proposed FY05 budget and her support for repeal of the Charter School Law. Senator Resor expressed her belief that the Chapter 70 and Lottery figures included in the House Budget would be the floor for FY05.
Selectmen to conduct hearing on the status of the all-alcohol pouring license held by SAOL Corporation d/b/a Espetos.
Chief Braga, representing the Police Department, presented the Board with written and testimonial evidence that the license manager, Ana Santos, was not routinely involved in the management of the facility as required under the Regulations governing licensure for alcohol serving establishments.
The evidence he presented indicated that ms. Santos had been asked to allow the use of her name as manager because of the statutory requirement that the manger be a US citizen, while the true owners/operators were Mr. Carlos Olivera, Edson Santos and Luiz Santos. Among the evidence presented was a signed statement from Ms. Santos stating that she had agreed to allow the use of her name as manager as a favor to those individuals.
In support of his conclusions Chief Braga put into evidence several documents including the Certificate of Vote of the SAOL Corporation entitling Ana Santos to act on behalf of the Corporation, The articles of incorporation and amendment thereto of SAOL Corp., a copy of MGL Chapter 138 Section 26, the application of SAOL for a Wine & Malt pouring license, Board of Selectmen Alcohol Rules and Regulations and the 4/1/04 statement of Ana Santos to Detective Chaulk. Copies of these documents are attached hereto and incorporated herein by reference.
Sergeant Jay Murphy testified with relation to the written statement of Ana Santos, and Ms. Santos, herself, also testified that she had only worked at the establishment during the period of late November 2003 until January 22, 2004. She denied doing so in the capacity of manager.
Luiz Santos testified that Ms. Santos had been employed at Espetos in the past, but had had a falling out because she was unable to come up with money to buy out the restaurant for which they had reached some form of agreement. Mr. Santos declined to answer a specific question as to whether Ms. Santos had been employed as the restaurant manager, in the absence of his counsel.
After considering all of the oral and documentary evidence submitted, and after a period of subsequent deliberation, the Board voted by a margin of 3-2 on a motion by Mr. Leeber, seconded by Mr. Durant, to continue the hearing until its next meeting on April 26, 2004 at 7:00 PM. Messieurs Durant and Loura opposed the motion.
On a motion by Mr. Durant, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to suspend the alcohol pouring license, on an interim basis, until the meeting of April 26, 2004 at which time the Board will further review the matter and consider any additional evidence which is placed before it.
5. Licenses:
Selectmen to consider approval of change in Class II Automobile Dealers License at 23 Broad Street from David F. Melo to David F. Melo d/b/a Dad’s Hot Rods.
On a motion by Mr. Resendes, seconded by Mr. Lucy, the Board voted by a margin of 5-0 to approve the change as requested.
6. Personnel:
Selectmen to consider approval of appointment of Linda Ghiloni to the JFK school building committee.
Selectmen to consider approval of appointment of Raymond Murphy to the JFK school building committee.
Selectmen to consider approval of appointment of Arthur Peters to the JFK school building committee.
Selectmen to consider approval of appointment of Peter Pistorino to the JFK school building committee.
Selectmen to consider approval of appointment of Christopher Sandini to the JFK school building committee.
Selectmen to consider approval of appointment of Jeff Wood to the JFK school building committee.
Selectmen to consider approval of appointment of Steven Domenicucci to the JFK school building committee.
On a motion by Mr. Durant, seconded by Mr. Lucy, the Board voted by a margin of 5-0 to approve all of the appointments except for Mr. Pistorino.
On a motion by Mr. Lucy, seconded by Mr. Resendes, the Board voted by a margin of 4-1 to approve the appointment of Mr. Pistorino. Mr. Leeber was opposed.
7. Contracts:
Selectmen to consider approval of renewal of employment contract with Richard Braga, Chief of Police.
The Board held this matter at the request of the Executive Assistant, until it had an opportunity to discuss it in Executive Session.
8. General:
Selectmen to consider signing Annual Report for 2003.
On a motion by Mr. Lucy, seconded by Mr. Resendes, the Board voted by a margin of 5-0 to sign the report.
9. Town Issues:
The Board asked that Mr. Foss from Comcast be notified that his presence would be requested at a near future meeting once the town’s analysis of the recent rate increase has been completed. Mr. Leeber made note of cars obstructing the sidewalk on River St., and suggested that cross-walks would be helpful at the intersection of Brigham Street and Chapin Rd.
10. Proclamations:
Selectmen to sign proclamations honoring retiring teachers: Irene Cunha, Marilyn Freel, Andre Hoessel, Paul Johnson, Karen Lambert, Judith Nally, Sandra Priestman, Lee Rouse, Janet Sampson, Katherine Vivolo.
On a motion by Mr. Resendes, seconded by Mr. Lucy, the Board voted by a margin of 5-0 to issue the proclamations.
11. Correspondence to be Noted by Clerk:
On a motion by Mr. Durant, seconded by Mr. Lucy, the Board voted by a margin of 5-0 to note correspondence.
12. Executive Session:
The Board voted by a margin of 5-0 by roll call to enter into executive session, with the expectation of returning to public session, to discuss pending litigation and collective and non-union bargaining strategy, and the value of real property.
13. Adjourn
Following the Executive Session the Board reconvened in public session and on a motion by Mr. Durant, seconded by Mr. Leeber, voted by a margin of 5-0 to approve the contract renewal for Chief Braga. On a motion by Mr. Durant, seconded by Mr. Resendes, the Board voted by a margin of 5-0 by roll call, to adjourn.
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