Town of Hudson - Board of Selectmen
Minutes –May 21, 2012
78 Main Street 2nd Floor 7:00 PM
Present were Mr. Vereault, Yates, Durant, McGourty, Lucy and Blazar. Mr. Cipriano, Ms. Santos and Ms. Burke were also present.
Board to elect officers.
Mr. McGourty nominated Mr. Vereault as Chairman, the Board voted by a margin of 4-1 to approve Mr. Vereault as Chairman. Mr. Durant opposed.
Mr. McGourty nominated Mr. Yates as Vice Chairman, the Board voted by a margin of 4-1 to approve Mr. Yates as Vice Chairman. Mr. Durant opposed.
Mr. McGourty nominated Mr. Fred Lucy as Clerk, the Board voted by a margin of 5-0 to approve Mr. Lucy as Clerk.
Public Session: April 23, 2012
On a motion by Mr. McGourty, seconded by Mr. Yates the Board voted by a margin of 4-0-1 to approve the minutes as amended. Mr. Lucy abstained.
Executive Session: April 23, 2012
On a motion by Mr. Durant, seconded by Mr. Yates the Board voted by a margin of 3-0-2 to approve the minutes. Mr. Yates and Mr. Lucy abstained.
Jim Grillo, 2 Rutland Street asked the Board if they would be willing to form a committee to address the blight issue in the Town. Mr. Grillo feels that the problem is getting worse and needs to be dealt with.
Mr. Blazar explained that the enforcement of such a by-law involves judgment and as judgment is subjective it is difficult to come to a consensus on what some consider to be blight. Mr. Yates noted that this has been an article on the Town Meeting warrant four times and has been rejected every time. Jeff Wood, Building Commissioner explained that the voters in Town has expressed on several occasions that they do not want an anti-blight by-law.
- Meetings and Public Hearings - 7:00 PM:
Board to continue hearing on the placement of one new utility pole, #20S, between #103 and #107on the West side of Washington Street.
On a motion by Mr. Durant, seconded by Mr. Lucy the Board voted by a margin of 5-0 to approve the new utility pole #20S as submitted.
Selectmen to consider approval of Transient Vendor and outdoor entertainment licenses to the Assabet Valley Chamber of Commerce for the 26th Annual Hudson Community Fest to be held on June 2, 2012. The entertainment license to be in effect from 9:00 AM until 4:00 PM in the Cellucci Park, and the Transient Vendor licenses to be in effect between 7:15 AM and 5 PM on Town Property and in The Avidia Bank Parking lot on South Street.
On a motion by Mr. McGourty, seconded by Mr. Vereault the Board voted by a margin of 5-0 to approve the licenses for Assabet Valley Chamber of Commerce.
Selectmen to consider approval of a Taxi Drivers license for Ralph Lanigan driving for Sunshine Taxi.
On a motion by Mr. McGourty, seconded by Mr. Durant the Boar voted by a margin of 5-0 to approve the Taxi Driver License to Ralph Lanigan.
Selectmen to consider approval of a Common Victualler’s license for Smyles Frozen Yogurt to operate between 11:00 AM and 10 PM at 10 Technology Drive.
On a motion by Mr. Durant, seconded by Mr. Yates the Board voted by a margin of 5-0 to approve the Common Victualler’s license to Smyles Frozen Yogurt.
Selectmen to consider approval of an Outdoor Entertainment License to the Hudson Public Schools for a Band Concert at the Music Shell in Wood Park by students grades 4 and 5 on June 12, 2012, or June 14 if raining, from 5:00PM until 8:00PM.
On a motion by Mr. Yates, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the outdoor entertainment license to the Hudson Public Schools.
Selectmen to consider approval of a two-day Outdoor Entertainment License to the Hudson Portuguese Club at 13 Port St. on June 2 & June 3, 2012 between 7:00 PM and 11:00 PM for the St. Michael Holy Ghost Festival.
On a motion by Mr. Durant, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the two-day outdoor entertainment license to the Portuguese club.
Selectmen to consider approval of a two-day Outdoor Entertainment License to the Hudson Portuguese Club at 13 Port St. on September 15 & September 16, 2012 between 7:00 PM and 11:00 PM for the Our Lady of Fatima Feast.
On a motion by Mr. McGourty, seconded by Mr. Lucy the Board voted by a margin of 5-0 to approve the two-day outdoor entertainment license to the Portuguese club.
Selectmen to consider approval of a one-day Alcohol Pouring License to Zoe McNealy for a function to be held at Roller Kingdom at 5 Highland Avenue on June 2, 2012 between 9:00 PM and 11:30 PM.
On a motion by Mr. Durant, seconded by Mr. McGourty the voted by a margin of 5-0 to approve the one-day alcohol pouring license to Zoe McNealy.
Selectmen to consider appointment of the following three individuals as Trustees of the Municipal Affordable Housing Trust: Robin Frank, Scotty Golder, and Manuel Ferreira.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 5-0 to approve the appointments of Robin Frank, Scotty Golder and Manuel Ferreira to the Municipal Affordable Housing Trust.
Selectmen to note the resignation of Reserve Police Officer Julio DaSilva.
On a motion by Mr. McGourty, seconded by Mr. Vereault the Board voted by a margin of 5-0 to note the resignation.
Selectmen to note the retirement of Hudson Police Lieutenant David French.
On a motion by Mr. McGourty, seconded by Mr. Durant the Board voted by a margin of 5-0 to note the retirement.
Selectmen to consider approval of the promotion of Judith Rice to the position of Fire Lieutenant.
On a motion by Mr. Durant, seconded by Mr. Yates the Board voted by a margin of 4-0-1 to approve the promotion of Judith Rice to the position of Fire Lieutenant. Mr. Vereault abstained.
Selectmen to consider approval of the appointment of David Stephens as Police Chief for a term of June 24, 2012 through June 23, 2014.
Mr. Vereault asked that Mr. Blazar explain the appointment memorandum he submitted to the Board. Mr. Blazar explained that the appointment of all department heads is a responsibility of the Executive Assistant as outlined in the Town Charter and is subject to the approval of the Board of Selectmen.
Mr. Blazar informed the public that Captain Stephens has been a member of the Hudson Police Department since 1980. In that time he has served as a reserve officer, full-time patrolman, detective, sergeant and twelve years in his current position as Police Captain. He has had strong performance evaluations during this time. Captain Stephens has a bachelor’s degree in criminal justice and has been trained and certified in many areas of police work both in administrative as well as law enforcement aspects. His personnel file is replete with numerous commendations and letters of thanks.
Mr. Blazar went on to say that this appointment fits in with his philosophy regarding appointments and promotions, which is that if there is a qualified, competent and capable person within the department that person should be appointed to fill the vacant position. He cited many reasons for this, including that it creates professional development and growth opportunities for others within the department.
Mr. Vereault asked what the cost would be if the Board were to request an outside consulting firm to assist in the search process. Mr. Blazar said it would cost approximately $10,000 and would take about 4 – 6 months to conduct an appropriate search.
Mr. Yates believes that a search is necessary for such a high ranking position. He noted that Captain Stephens would not be precluded from being a part of the search.
Mr. Durant argued that the Charter gives Mr. Blazar the power to make the appointment to the Board and disagrees with the request to find a search firm. Mr. Durant referred to the fact that for the better part of a year the Board functioned with one less member due to the cost of holding a special election. Subsequently the Board would like to spend approximately $10,000 to conduct a search for a Police Chief which would essentially leave the department without two of its top ranking officers for a significant period of time.
Mr. Durant is strongly in favor of appointing Captain Stephens stating that he is an excellent candidate. He believes that this is sending the wrong message to other Town employees that they are not good enough and said that this is a terrible mistake.
Mr. Yates said one of his concerns is the length of time that Captain Stephens would serve as Chief. He said he would not like to have to search for another chief in a few years. Mr. Durant cautioned him that his comment sounds “dangerously like age discrimination.”
Mr. McGourty stated that he would also like to conduct a search for this position.
Mr. Lucy observed that there was no second to the motion by Mr. Durant to appoint Captain Stephens, therefore there is no motion on the floor. With this said, there was a lengthy discussion regarding how to go about organizing a search committee and who would sit on the committee.
On a motion by Mr. Vereault, seconded by Mr. Lucy, the Board vote by a margin of 4-1 to send the appointment back to the Executive Assistant and have him report back to the Board at its next meeting with a search plan. Mr. Durant opposed.
Selectmen to consider approval of the promotion of Thomas Crippen to the rank of Police Lieutenant.
Mr. Lucy stated that the Board is in receipt of a piece of correspondence that may be a subject matter for executive session therefore, he is requesting that this item be passed over until it can be dealt with.
Mr. Durant feels that the item should be voted on and then dealt with in executive session. However, the rest of the members of the Board are in agreement with Mr. Lucy. Mr. Durant stated that Sergeant Crippen is the highest ranking candidate for this civil service position and the Board has to act on it.
Mr. Vereault would like an opinion from labor counsel regarding whether this correspondence item would have any impact on the appointment and it’s relevancy to the civil service process.
Mr. Durant made a motion to appoint Sergeant Crippen to Lieutenant, however there was no second to the motion. Mr. Durant forewarned the Board that not acting on this appointment could result in legal action. Mr. Vereault then asked Atty. Cipriano if he could recommend an independent labor counsel other than Mirick O’Connell.
On a motion by Mr. Lucy, seconded by Mr. McGourty the Board voted by a margin of 4-1 to by-pass this item. Mr. Durant opposed.
Selectmen to consider approval of the promotion of Michael Schreiner to the rank of Provisional Police Sergeant
On a motion by Mr. Durant, seconded by Mr. Vereault the Board voted by a margin of 4-1 to by-pass this item. Mr. McGourty opposed.
Selectmen to consider approval of the appointment of Mathew Donovan to the position of Temporary Police Patrolman.
On a motion by Mr. Durant, seconded by Mr. Vereault the Board voted by a margin of 4-1 to by bypass this item. Mr. McGourty opposed.
Selectmen to consider appointment of Julie Pappazisis as an alternate Housing Authority Representative to the Master Plan Steering Committee.
On a motion by Mr. Yates, seconded by Mr. McGourty the Board voted by a margin of 5-0 to appoint Ms. Pappazisis as an alternate Housing Authority Representative to the Master Plan Steering Committee.
Selectmen to consider approval of award and authorization to sign contract with Hancock Associates in the amount of $7,600 (LQ) for the preparation of bid documents and the oversight of construction for the development of the Fossile Field.
On a motion by Mr. Durant, seconded by Mr. McGourty the Board voted by a margin of 4-0-1. Mr. Yates abstained.
Selectmen to consider approval of award and authorization to sign contract with Vanasse Hangen Brustlin in the amount of $97,700 (LQ) for consulting services in the Town’s Master Planning Project.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 4-0-1. Mr. Durant abstained.
Selectmen to consider approval and authorization to sign Change Order #3 with T-Ford, Inc. in the amount of $32,429 for the removal additional contaminated soil from the site at 173 Washington Street.
Mr. Blazar explained that the parcel at 173 Washington Street was purchased by the Town. Mass Development awarded the Town two grants to do the environmental clean up at the site. These monies are to be paid back when the parcel is resold after the project is completed. The first phase of contaminated soil was successfully removed. This change order is for the second phase as the location of drainage system was moved after the specifications were developed. This project is still well within budget and is subject to reimbursement by Mass Development. The last phase will be to clean up the contaminated ground water.
On a motion by the Chairman the Board voted by a margin of 5-0 to approve Change Order #3 with T-Ford Inc.
Selectmen to consider approval of award of concession rights at Centennial Beach and Wood Park to Juniper Farms (SB) at 49% of gross sales.
On a motion by Mr. Yates, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the contract.
Selectmen to consider approval of an Intermunicipal Agreement with the Town of Framingham and the City of Marlborough to form the Mass-In-Motion Collaborative to implement a Community Transformation Grant from the Centers for Disease Control.
On a motion by Mr. Lucy, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the Intermunicipal Agreement.
Selectmen to consider approval of Amendment #1 with New England Waste Services of Maine, Inc.d/b/a New England Organics. To extend the existing contract for up to four additional years with price adjustments resulting from changes in the CPI-U and changes in the price of diesel fuel.
On a motion by Mr. Yates, seconded by Mr. Lucy the Board voted by a margin of 5-0 to approve amendment #1 with New England Waste Services of Maine, Inc.
Selectmen to consider approval of award and authorization to sign contract with Coulter Construction, LP in the amount of $224,390 (LB) for Roof Replacement and Masonry repairs to Fire Station 1.
On a motion by Mr. Lucy, seconded by Mr. Vereault the Board voted by a margin of 5-0 to approve the contract.
Selectmen to consider approval and authorization to sign Change Order #3 with Albanese D & S Inc. in the amount of $50,630.36 for additional work on the Sewer Main Installation Rolling Lane Project.
On a motion by Mr. Yates, seconded by Mr. Lucy the Board voted by a margin of 5-0 to approve the change order.
Selectmen to consider award and authorization to sign a contract with Lazaro Paving Company in the amount of $152,886.10 (LB) for the reconstruction & reclamation of a portion of Old North Road from Blueberry Lane to Forest Avenue.
On a motion by Mr. Yates, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the contract.
Selectmen to consider award and authorization to sign a contract with Lazaro Paving Company in the amount of $362,646.15 (LB) for the Reconstruction and Reclamation of a portion of Brigham Street from Chapin Rd. to the Town line.
Mr. Yates stated that he resides on Brigham Street, however not in the section that will be reconstructed by this contractor.
On a motion by Mr. Lucy, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the contract.
Selectmen to consider award and authorization to sign contacts for various materials used by the Department of Public Works (All LB).
On a motion by Mr. Lucy, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve all contracts as presented.
Selectmen to consider amending the Traffic Regulations by creating a bus stop on the northerly side of South St. for forty feet beginning at a point 35 feet west of the intersection with Market St.
Mr. Blazar explained that there is a private school on South Street for which this bus stop is intended to service.
On a motion by the Chairman , the Board voted by a margin of 5-0 to amend the Traffic Regulations.
Mr. Yates noted that he has had complaints from residents in the Lake Boone area regarding unregistered army vehicles traversing the streets in that part of town. He asked if Mr. Blazar could look into this and see if anything can be done. Mr. Blazar believes that these vehicles are registered but he will confirm this.
Mr. McGourty requested that someone in Town look into whether there are a sufficient number of handicapped parking spaces in Town. Mr. Blazar stated that the Town is very careful about this and does believe that the standard is being met but will double check this.
There was a discussion brought up by Mr. Vereault regarding the request to investigate rates for special labor counsel. He asked that Mr. Blazar, along with Town Counsel, put together a list of about five names with prices and recommendations and return two names for the Board to review. He specified that this would be for future cases not current ones. Mr. Yates agreed with Mr. Durant’s earlier statement that it would not make sense to have special counsel come in and work on on-going cases.
Mr. Durant feels that a formal detailed Request for Proposals (RFP) would be an appropriate step to take in this process. The Board agreed.
On a motion by Mr. Durant, seconded by Mr. Vereault the Board voted by a margin of 5-0 to seek proposals for special labor counsel for the Town. Mr. Blazar requested that Board members submit any criteria they wish to be used in this process
Selectmen to issue a Citation of Achievement to Conor R. Butler for his attainment of the rank of Eagle Scout from the Boy Scouts of America.
On a motion by Mr. Durant, seconded by Mr. Yates the Board voted by a margin of 5-0 to issue the Citation.
Selectmen to issue a Citation to Rosemary Rimkus as the Good Scout Award recipient for 2012.
On a motion by the Chairman , the Board voted by a margin of 5-0 to issue the Citation.
- Correspondence to be Noted by Clerk:
On a motion by Mr. Lucy, seconded by Mr. McGourty the Board voted by a margin of 5-0 to note correspondence.
On a motion by Mr. Vereault, seconded by Mr. Lucy the Board voted unanimously to adjourn.
Document List – May 21, 2012
Document |
Location |
Public Session Minutes of 4/23/12 |
BOS Office |
Executive Session Minutes of 4/23/12 |
BOS Office-unreleased |
Pole Location Petition & Map |
BOS Office |
Transient Vendor & Entertainment License Application from Assabet Valley Chamber of Commerce |
BOS Office |
Taxi Driver License application for Ralph Lanigan/Sunshine Taxi |
BOS Office |
Common Victualler License Application from Smyles Frozen Yogurt |
BOS Office |
Outdoor Entertainment License application from Hudson Public Schools |
BOS Office |
Outdoor Entertainment License application for the Portuguese Club/Holy Ghost Festival |
BOS Office |
Outdoor Entertainment License application for the Portuguese Club/Our Lady of Fatima Feast |
BOS Office |
One Day Alcohol Pouring License from Zoe McNealy/Roller Kingdom |
BOS Office |
Memo from Municipal Housing Trust requesting appointments |
BOS Office |
Resignation Memo from Julio DaSilva |
BOS Office |
Retirement Memo from Lieutenant David French |
BOS Office |
Memo from Fire Chief regarding promotion of Judith Rice to Fire Lieutenant |
BOS Office |
Memo from Police Chief regarding appointment of David Stephens as Police Chief |
BOS Office |
Memo from Police Chief regarding promotion of Thomas Crippen to Police Lieutenant |
BOS Office |
Memo from Police Chief regarding promotion of Michael Schreiner to Provisional Police Sergeant |
BOS Office |
Memo from Police Chief regarding appointment of Mathew Donovan as temporary Police Patrolman |
BOS Office |
Memo regarding the appointment of Julie Pappazisis as an alternate Housing Authority Representative to the Master Plan Steering Committee |
BOS Office |
Memo & document regarding Hancock Associates contract for oversight of construction for the development of the Fossile Field |
BOS Office |
Documents related to the Contract with Vanasse Hangen Brustlin for consulting services in the Town’s master Planning Project |
BOS Office |
Documents related to the Change Order #1 with T-Ford Inc for the removal of additional contaminated solid from the site at 173 Washington Street |
BOS Office |
Document related to the Centennial Beach and Wood Park concession rights contract |
BOS Office |
Inter-municipal Agreement with Framingham and Marlboro to form the Mass-In-Motion Collaborative |
BOS Office |
Amendment #1 with New England Waste Services of Maine to extend the existing contract for up to four additional years with price adjustments resulting from changes in the CPI-U and changes in the price of diesel fuel |
BOS Office |
Contract related documents for Coulter Construction for Roof Replacement and masonry repairs to the Fire Station 1. |
BOS Office |
Change Order #3 with Albanese D&S Inc for the Rolling Lane Project |
BOS Office |
Contract related documents for Lazaro Paving Company for reconstruction of Old North Road from Blueberry Lane to Forest Avenue |
BOS Office |
Contract related documents for Lazaro Paving Company for the reconstruction of Brigham Street from Chapin to Town Line |
BOS Office |
Bid Sheet and Procurement for various materials for the public works department |
BOS Office |
Memo, Map from ITC regarding the creation of a Bus Stop at South Street |
BOS Office |
Citation for Conor R. Butler for attaining Eagle Scout |
BOS Office |
Citation for Rosemary Rimkus as the Good Scout Award recipient for 2012 |
BOS Office |
Various item of correspondence from Comcast/Infinity |
BOS Office |
CTV Form 200 & 400 from Verizon NE for the FY ending 12/31/12 |
BOS Office |
Description of the new Senior Center Program: Daybreak |
BOS Office |
Notice of herbicide application by Tennessee Gas Pipeline |
BOS Office |
Letter from Stow BOS urging inclusion of ARRT construction funding in the FY13-16 TIP |
BOS Office |
Notice of approval/reimbursement percentages by the MSBA of JFK Construction Change Orders |
BOS Office |
Notice of ABCC public hearings regarding Happy Hour Regulations |
BOS Office |
Invitation to the Massachusetts Selectmen’s Association Leadership Conference |
BOS Office |
List of Board Members up for reappointment in 2012 |
BOS Office |
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