Town of Hudson - Board of Selectmen
Minutes – July 18, 2005
1. Call to Order:
Present were Messieurs Durant, Parente, Loura, Leeber, Lucy, Blazar and Cipriano. Also present were Mesdames Ciccolo and Santos.
2. Minutes to be Approved:
Public Session: June 27th, 2005
On a motion by Mr. Leeber, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the minutes.
Executive Session: June 27th, 2005
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the minutes.
3. Citizen’s Issues:
4. Meetings and Public Hearings - 7:00 PM:
Selectmen to conduct hearing to consider amendments to its Alcoholic Beverage Regulations.
After allowing comments from Licensee’s and the public, the Board voted by a margin of 3-2 to amend the Alcoholic Beverages Regulations. Mr. Leeber and Mr. Durant opposed the amendments on the basis that the public hearing process acts as a deterrent to licensee violations. The following amendments as approve, are attached to these minutes and incorporated herein:
Adjudicatory Process
(a) Upon receipt of a complaint of any alleged violation as noted in 6 (a), above, the Licensing Authority or its designee shall make a preliminary assessment of the nature and severity of the complaint.
(b) In making such assessment, the designee of the Licensing Authority may conduct an informal hearing with the Police or other complainant and with the licensee in order to determine whether or not additional, formal hearings are required. At or prior to such hearing the licensee will be provided with redacted copies of all reports associated with the complaint.
(c) If the designee determines that the complaint is lacking sufficient merit to warrant a full hearing of the licensing authority, he shall so notify the complainant and the licensing authority of his or her reasons for making such a determination. At the request of either of such parties the matter shall proceed to a full hearing before the Licensing Authority notwithstanding such determination by its designee.
(d) If the designee concludes that there is merit to the complaint, and the licensee and the police or other complainant agree to waive any rights of appeal, the designee may recommend a suitable sanction to the licensing authority, which may ratify said sanction, or reject said sanction and convene a full hearing on its own. If the Licensing authority concludes that a lesser sanction is appropriate, it may reject the recommendation of its designee and impose such lesser sanction without benefit of a full hearing provided that there is no objection to same from the licensee or the complainant.
(e) In recommending sanctions for violations deemed by the designee as meritorious, the designee shall generally follow the guidelines attached hereto and incorporated herein, as attachment (A) to these regulations. When applying the guidelines to determine the proper range of sanctions the history of all offenses within the previous five years shall be considered in combination, not only those that are the same in nature.
(f) To the extent that any recommendation deviates from those guidelines, a written explanation of the reasons therefore shall be provided along with the recommendation. In any case where the combination of the nature of the violation and/or the number of previous violations exceeds the guidelines, or warrants revocation, a full hearing before the Licensing Authority will be automatic.
(g) If a determination is made that the complaint, if proven, might result in the modification, suspension, revocation or cancellation of the License, or in a formal written reprimand to the licensee, either because of the severity and nature of the offense, or because of the prior history of offenses attributable to the licensee, and a formal hearing before the Licensing Authority is requested by either the licensee or the Police Department or other complainant, then formal notice of a hearing before the Licensing Authority will be sent to the licensee along with suitably redacted copies of all reports associated with the complaint. Notice will be sent by certified and first class mail.
(h) Hearings before the licensing authority will be administrative in nature, and will follow such rules of evidence and procedure as the Chair may determine to be appropriate. Any licensee will have the right to appear on his own behalf, to be represented by an attorney or other person of his or her choice, and will have the right to speak, present testimony, present witnesses, and cross-examine such witnesses as may be present.
(i) Upon conclusion of the hearing the Licensing Authority may, by majority vote, impose such sanctions as it may deem proper, including, but limited to, those enumerated in 6 (a) above.
(j) Licensees shall be provided written notice of such decisions within a reasonable period after the conclusion of the hearing, and may appeal any sanction imposed to the Alcoholic Beverage Control Commission pursuant to MGL Chapter 138, section 23.
APPENDIX A
Disposition Guidelines
1ST Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
Uncorroborated claim of serving last drink to Intoxicated patron or otherwise over serving. Written Warning Written Warning 1-3 Day License Suspension 3-6 Day License Suspension 7-14 Day License Suspension and/or change in hours for up to 30 days.
Corroborated claim of serving last drink to Intoxicated patron or otherwise over serving. 1 Day License Suspension 2-6 Day License Suspension and/or change in hours of operation for up to 14 days, 7-14 Day License Suspension and/or change in hours for up to 30 days. 15-30 Day License Suspension and/or change in hours for up to 60 days. 30-60 Day License Suspension and/or change in hours for up to 120 days.
Revocation
Permitting illegalities to occur on the premises (misdemeanors) 1 Day License Suspension 2-6 Day License Suspension and/or change in hours of operation for up to 14 days, 7-14 Day License Suspension and/or change in hours for up to 30 days. 15-30 Day License Suspension and/or change in hours for up to 60 days. 30-60 Day License Suspension and/or change in hours for up to 120 days.
Revocation
Exceeding Occupancy Limits 1 Day License Suspension 2-6 Day License Suspension and/or change in hours of operation for up to 14 days, 7-14 Day License Suspension and/or change in hours for up to 30 days. 15-30 Day License Suspension and/or change in hours for up to 60 days. 30-60 Day License Suspension and/or change in hours for up to 120 days.
Revocation
Serving underage patron 1-3 Day License Suspension 4-7 Day License Suspension and/or change in hours of operation for up to 14 days, 8-14 Day License Suspension and/or change in hours for up to 30 days. 15-30 Day License Suspension and/or change in hours for up to 60 days. 30-60 Day License Suspension and/or change in hours for up to 120 days.
Revocation
Permitting illegalities to occur on the premises (felonies) 1-3 Day License Suspension 4-7 Day License Suspension and/or change in hours of operation for up to 14 days, 8-14 Day License Suspension and/or change in hours for up to 30 days. 15-30 Day License Suspension and/or change in hours for up to 60 days. 30-60 Day License Suspension and/or change in hours for up to 120 days.
Revocation
Other Infractions To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined
On a subsequent motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 4-1 to have the Alcoholic Beverages Regulation take effect immediately. Mr. Leeber opposed this motion.
5. Licenses:
Selectmen to consider expanding the Automatic Amusement & Sunday Automatic Amusement Licenses held by Hudson Elks to add 3 additional machines.
On a motion by Mr. Lucy, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the licenses.
Selectmen to consider amending Armand Pub’s common victuallers license to expand hours of operations to allow serving of breakfast; new hours to be 6:00 AM until 2: AM.
On a motion by Mr. Lucy, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the request to expand the hours of operations.
Selectmen to consider granting one day extension of entertainment license hours to Hudson Elks for a wedding reception to be held September 9th, 2005 from 7 PM-midnight.
On a motion by Mr. Leeber, seconded by Mr. Durant, the Board voted by a margin of 5-0 to allow outside amplification until 11:00PM.
Selectmen to consider granting entertainment license to the Recreation Department for its Movies in the Park series to be held at Wood Park on July 25th and September 26th, 2005.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the license.
Selectmen to consider granting taxi driver’s license to Timothy Dennis, driving for Sunshine Taxi.
On a motion by Mr. Parente, seconded by Mr. Durant, the Board voted by a margin of 4-0-1. Mr. Leeber abstained.
Selectmen to consider granting taxi driver’s license to Daniel Cooke, driving for Sunshine Taxi.
On a motion by Mr. Parente, seconded by Mr. Durant, the Board voted by a margin of 1-3-1, motion defeated. Mr. Parente voted in favor and Mr. Durant Abstained.
6. Personnel:
Selectmen to consider approval of appointments of Kaleigh Gray and Nayale Lajja as part-time Communications Dispatchers in the Police Department.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the appointments.
Selectmen to consider appointment of Tim Conley as Fort Meadow Commission Agent.
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 4-0-1. Mr. Durant abstained
Selectmen to consider approval of July 14, 2005 list of additional appointments of Summer employees in the Recreation Department.
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the appointments.
Selectmen to consider approval of appointment of Telma Reis as Principal Clerk in the Collector’s Office.
On a motion by Mr. Lucy, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the appointment.
Selectmen to consider approval of appointment of Susan Palola to the position of part-time police Matron.
On a motion by Mr. Durant, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the appointment.
7. Contracts:
Selectmen to consider award and authorization to sign contract with Caruso Co. in the amount of $6,000 (LQ) for a one month rental of a screener for the DPW.
On a motion by Mr. Loura, seconded by Mr. Durant, the Board voted by a margin of 5-0 to approve the contract.
Selectmen to consider authorization Change Order No. 1 with J. Cougler, Inc. in the amount of $6,675 to add 3 manholes and additional sewer main to the Stratton Hill project for a final total contract price of $194,525.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve Change Order No. 1.
Selectmen to consider signing Collective Bargaining Agreement with IAFF for the period July 1, 2003 through June 30, 2006.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to sign the agreement.
8. General:
Selectmen to accept the donation of a caboose from Ellis Atwood Entertainment, LLC, as an enhancement to the Rail Trail.
On a motion by Mr. Leeber, seconded by Mr. Parente, the Board voted by a margin of 5-0 to accept the donation.
Selectmen to accept donation of bench made by David and Louise Parker.
On a motion by Mr. Lucy, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to accept the donation.
Selectmen to consider signing of Special Speed Regulation # 7868 for Technology Drive and Reed Road.
On a motion by Mr. Loura, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to sign the special speed regulation.
Selectmen to consider amendments to the Fee Schedule in the Town Clerk’s Office.
On a motion by Mr. Loura, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the amendments to the Fee Schedule.
Selectmen to consider approval of Town of Hudson C.O.R.I. Policy in conformance with 803.CMR 611.
On a motion by Mr. Leeber, seconded by Mr. Lucy, the Board voted by a margin of 5-0 to approve the C.O.R.I. Policy.
9. Town Issues:
10. Proclamations:
11. Correspondence to be Noted by Clerk:
On a motion by Mr. Loura, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to note correspondence.
12. Executive Session:
The Board voted by roll call by a margin of 5-0 to enter executive session to discuss collective bargaining strategy.
13. Adjourn:
The Board voted unanimously to adjourn to executive session, not to return to public session.
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