Town of Hudson - Board of Selectmen
Minutes – June 27, 2005
1. Call to Order:
Present were Messieurs Durant, Parente, Loura, Leeber, Lucy and Blazar. Also present were Mesdames Ciccolo and Santos.
2. Minutes to be Approved:
Public Session: June 6th, 2005
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the minutes.
Executive Session: June 6th, 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:
Mr. Gordon spoke in support of the 99 Restaurant.
4. Meetings and Public Hearings - 7:00 PM:
Selectmen to meet with Thomas McCarthy to consider execution of gift agreement related to the proposed Hillside Development.
Mr. McCarthy and Mr. Geisinger as well as Attorney Davis were at the meeting to present the Board with their proposed “gift” of a playground and landscaping adjacent to the access easement to the Hillside Development site.
On a motion by Mr. Durant, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the acceptance of the gift, and the execution of the Gift Agreement at a future date.
Selectmen to conduct hearing to consider alleged violations of Mass. Liquor Laws at Ninety-Nine Restaurant at 255 Washington Street.
The Chairman convened the hearing, swore in witnesses, and recognized Captain Stephens, who put on the case for the Town. Testimony was provided by Sergeant Shea for the Town, and by Dan Flynn, General Manager of the Hudson 99 as well as Tim Brown, a bartender at the restaurant. The Hudson 99 and the 99’s Corporation were represented by Attorney John O’Connor.
The testimony established the facts that an individual was arrested and plead to sufficient facts on a charge of assault, which took place within the establishment after the individual had been served three, 24 ounce beers in a period of approximately two hours. The third beer was removed by the bartender after he determined that the individual might be intoxicated. The individual took a breathalyzer test several hours later, which recorded a blood alcohol level of .189, confirming that he was inebriated at the time of arrest.
The Manager and Bartender provided testimony stating that due to the individual’s lack of verbal communication while he was at the bar, the staff was unaware of his level of intoxication prior to his acting out, after which they contended his last drink was removed and he was removed from the premises.
On a motion by Mr. Leeber, seconded by Mr. Parente, the Board voted by a margin of 5-0 to close the hearing.
On a motion by Mr. Durant, seconded by Mr. Parente, the Board voted by a margin of 5-0 to issue a letter of reprimand to the Licensee for over serving and permitting illegalities (assault) on the premises.
Selectmen to conduct hearing to consider transfer of All Alcohol Pouring License from Scioletti’s Inc. to Xiu Li Li, d/b/a Hudson Super Buffet at 167 Broad Street.
Mr. Li was present on behalf of Hudson Super Buffet,. No one spoke in opposition to the transfer.
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the transfer.
Selectmen to conduct hearing to consider alleged violations of Mass. Liquor Laws at Options on Washington Street.
The Chairman convened the hearing, swore in witnesses, and recognized Captain Stephens, who put on the case for the Town. Testimony was provided by Officer Donovan. Michelle Cordeiro was present and spoke on behalf of the Restaurant.
The testimony established that an individual had been served at Options and subsequently shut off. It further established that subsequent to his leaving the premises the individual was the victim of an assault for which he was treated at the Marlborough Hospital. His level of inebriation was not established.
On a motion by Mr. Leeber, seconded by Mr. Parente, the Board voted by a margin of 5-0 to close the hearing.
On a motion by Mr. Parente, seconded by Mr. Durant, the Board voted by a margin of 4-1 to take no further action on the matter. Mr. Leeber opposed the motion.
5. Licenses:
Selectmen to consider ratification of a two-day all alcohol pouring license issued to the Holy Ghost Society for its celebration at the Portuguese Club on Saturday, June 25 from 7:00 PM to 11:30 PM; and on Sunday June 26 from 12:00 PM to 9:30 PM.
On a motion by Mr. Loura, seconded by Mr. Lucy, the Board voted by a margin of 4-0-1 to approve the license. Mr. Leeber abstained.
6. Personnel:
Selectmen to consider approval of appointment of Nancy Pugh as Part-Time Principal Clerk in the Finance Department.
On a motion by Mr. Loura, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the appointment.
Selectmen to consider approval of specialized skills stipend for Christopher Sandini.
On a motion by Mr. Loura, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the specialized skill stipend.
Selectmen to consider approval of appointment of Jay Dumas for Part-Time Seasonal position for the Maintenance Department.
On a motion by Mr. Parente, seconded by Mr. Loura, the Board voted by a margin of 5-0 to approve the appointment.
Selectmen to note the resignation of Michael Sheehan from the position of Reserve Patrolman from the Police Department, effective June 26, 2005.
On a motion by Mr. Durant, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to note the resignation.
Selectmen to note the resignation of Richard Dipersio from the position of Patrol Officer from the Police Department, effective July 3, 2005.
On a motion by Mr. Leeber, seconded by Mr. Parente, the Board voted by a margin of 5-0 to note the resignation.
Selectmen to consider approval of 3% Non-Union COLA for FY06.
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the COLA.
7. Contracts:
Selectmen to consider award and authorization to sign contract with P.J. Albert, Inc. in the amount of $417,990 (LB) for the reconstruction of approximately 23,000 SY of Stratton Dr., Bexley Dr., York Dr., Dover Cir., Hampshire Cir., & Wellington Drive.
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the award and authorization to sign.
8. General:
Selectmen to authorize signing of Land Damages Agreement with MassHighway to resolve ROW issues prior to bidding the Main Street/Route 62 Bridge.
On a motion by Mr. Loura, seconded by Mr. Durant, the Board voted by a margin of 5-0 to approve the authorization to sign.
Selectmen to consider adoption of Internal Traffic Committee recommendation to add to the Traffic Regulations the stop sign on Loop Road at Technology Drive.
On a motion by Mr. Parente, seconded by Mr. Leeber, the Board voted by a margin of 5-0 to approve the addition of the sign.
Selectmen to consider letter of support for converting the asset limitation provision to an income-based provision for eligibility for subsidized housing at the Esplanade.
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to approve the letter.
9. Town Issues:
Mr. Durant asked if the Internal Traffic Committee could look into the need for a stop sign at the intersection of Woodland Drive and Hickory Lane.
10. Correspondence to be Noted by Clerk:
On a motion by Mr. Loura, seconded by Mr. Parente, the Board voted by a margin of 5-0 to note correspondence.
11. Executive Session:
On a motion by the Chair, the Board voted by roll call by a margin of 5-0 to adjourn to Executive Session, not to return to Public Session, to discuss real property transactions.
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