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Selectmen's Minutes 09/10/12
Town of Hudson - Board of Selectmen
Minutes –September 10, 2012
78 Main Street  2nd  Floor  7:00 PM


  • Call to Order:
Present were Mr. Vereault, Yates, Durant, McGourty, Lucy and Mr. Blazar.  Attorney Cipriano and Ms. Santos were also present
  • Minutes to be Approved:
Public Session: August 27, 2012
On a motion by Mr. Lucy, seconded by Mr. McGourty the Board voted by a margin of 5-0 to approve the minutes.
Executive Session: August 27, 2012
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 5-0 to approve the minutes.
  • Citizen’s Issues:
  • Meetings and Public Hearings - 7:00 PM:
Selectmen to meet with Melanson Heath & Co., Inc. to discuss FY11 year-end reports.
Ms. Karen Snow and Mr. Frank Byron, President of Melanson Heath were present and summarized the Town’s Financials for FY11 for the Board.  They reviewed a detailed management letter expressing concerns and fixes for the Town’s accounting practices.  
  • Licenses:
Selectmen to consider issuing a Taxi Driver’s license to Christian Crue driving for Sunshine Taxi.
On a motion by Mr. Lucy, seconded by Mr. Vereault the Board voted by a margin of 5-0 to approve the license.
  • Personnel:
Selectmen to consider approval of promotion of Michael Burks to the position of Police Captain effective September 14, 2012.

There was a lengthy discussion regarding the appointment of Lt. Burks.  Mr. Vereault cited his concerns for growing unemployment rates as well as the increase in taxes as reasons he would prefer to keep this position unfilled.  He stated that this may be a great opportunity to move resources around and create two lower ranked and lower paying positions.  He also noted concern for leaving both Lieutenant positions empty with this promotion.  

Chief Stephens spoke in favor of the appointment.  He noted that it is increasingly difficult to run the department with less supervisory staff.  Currently Lt. Burks works a rotation of four days on and two days off, thus leaving days during the week that Lt. Burks is not in the office.  Captain Stephens said he needs another supervisory staff member in the office during the week.   Mr. Vereault asked why his rotation could not simply be changed to a five on two off.  Special Labor Counsel explained that the law states that there cannot be any changes in the condition of employment pending the petition to organize labor as is currently before the Board.  

Mr. Durant and Mr. Lucy spoke in favor of the promotion.  
On a motion by Mr. Durant, seconded by Mr. Lucy the Board voted by a margin of 3-2 to approve the promotion.  Mr. McGourty and Mr. Vereault opposed.

Selectmen to discuss conducting a performance evaluation of the Executive Assistant.
Mr. Vereault would like to commence the process for the performance evaluation of the Executive Assistant as stated in his contract.  The criteria of the evaluation will be selected jointly between the Board of Selectmen and Mr. Blazar.  
Mr. McGourty claimed that the contract is not binding as things were left out of it and he would like to speak to Town Counsel before beginning the process.  

Mr. Durant asked the Chairman to clarify that the evaluation will be done in accordance with the terms of the contract as written.  Mr. Vereault said the review will pertain to Mr. Blazar’s performance as he had stated in his  motion before the Board.   
On a motion by Mr. Vereault, seconded by Mr. Yates the Board voted by a margin of 4-1 to begin the process of the performance review and evaluation of the Executive Assistant.  Mr. Durant opposed.

As the Board voted in the affirmative to perform the evaluation, the Board began to discuss how to compile the criteria in which to evaluate the Executive Assistant.

Mr. Yates said that the board should also get copies of formats of evaluating from MMA that are used by other communities.
On a motion by Mr. Vereault, seconded by Mr. McGourty the Board also voted by a margin of 5-0 to have the Executive Assistant, develop the criteria for the evaluation process.
Mr. Lucy wanted it noted that he plans on speaking with the Executives Assistant regarding the evaluation criteria.
  • Contracts:
Selectmen to consider authorization to sign a contract with Coplogic, Inc. in the amount of $10,500 (SQ) for the establishment of an on-line reporting system for the Police Department.
On a motion by Mr. McGourty, seconded by Mr. Lucy the Board voted by a margin of 5-0 to approve the contract.
Selectmen to consider authorization to sign a contract with Pamet Software, LLC. in the amount of $14,880 (SQ) for the purchase of Computer Aided Dispatch System software to integrate with the existing Police Department records management system.
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 approval of Change Order #1 with Zebra Environmental Corporation in the maximum amount of $3,150 for additional work in the remediation of contaminated groundwater project at 173 Washington St.
On a motion by Mr. Lucy, seconded by Mr. Vereault the Board voted by a margin of 5-0 to approve the change order.
Selectmen to consider approval of Change Order #1 with Lazaro Paving Corporation in the amount of $38,727.86 for additional work on the reconstruction of Old North Rd.
Mr. McGourty stated that there are issues on Old North Road, there’s a dip on the road and sidewalk by 47 Old North Road.
On a motion by Mr. McGourty, seconded by Mr. Yates, the Board voted by a margin of 5-0 to approve the change order.
Selectmen to consider approval of a Project request Form for the use of Chapter 90 funds in the $115,000 representing the Town share of Drainage Installation and Reconstruction of Brook Street.
Mr. Yates requested a report on the amount of Chapter 90 projects.
On a motion by Mr. McGourty, seconded by Mr. Yates the Board voted by a margin of 5-0 to approve the project request forms.
Selectmen to consider authorization to sign a contract with E.H. Perkins Construction in the amount of $359,020 (LB) for the Installation of Drainage and Reconstruction of Brook St. Said authorization to be contingent upon MassDOT approval of the above-referenced Project Request Form.
On a motion by Mr. Lucy, seconded by Mr. Vereault the Board voted by a margin of 5-0 to approve the contract.
  • Town Issues:
Mr. Yates inquired as to the status of the water issue on River Street.  Mr. Blazar informed him that Tony Marques is still studying and checking the flows during rain events in this area.

Mr. McGourty asked when Manning Street is scheduled to be paved.  Mr. Blazar said the Chapter 90 funds for this project will be appropriated at the November Town Meeting.  He then asked if Mr. Blazar had yet compiled a list of the damage done from the when pipes were put in on Rolling Lane.  As to date the Town has only received one claim for this and is in the process of trying to obtain the pre-blast survey for him to pursue his claim.  The Contractor’s insurance company is not paying out any additional claims.  

Mr. Vereault stated that he received an update from Scott Darlington regarding the audio/visual issues.  He asked why there has not been a new mixer purchased yet.  Mr. Blazar said there was a delay in the processing purchase orders within the school department but it has been approved.

Mr. Vereault’s next issue was in regards to the Board’s prohibition of the use of meeting participation via electronic devices.  As this has been approved by the Attorney General he would like to revisit this issue at the Board’s next meeting.  

Mr. Vereault asked that the traffic signals at the intersection of Main Street, Wilkins Street and Forest Avenue be reviewed for safety reasons.

Mr. Lucy had a comment regarding a past agenda item regarding the Town’s Deputy Wiring Inspector and a letter from Town Counsel in regards to him fulfilling a contract with the Town.  Mr. Lucy highlighted some issues in the letter that he felt the Board should be aware of as well as the successful applicant.  He noted that his services must be performed outside the applicant’s normal working  hours, the services cannot be made a part of his duties as Deputy Wiring Inspector, the applicant cannot be compensated under the contract for more that 500 hours during the current calendar year.   The Town must file a written certification with the Town Clerk stating that no employee of the contracting agency is available to perform the services as part of his regular duties.  Counsel advises that the applicant have a representative not withstanding the fact that the agency may be a sole proprietorship.  

Mr. Durant stated that he has received complaints regarding the presence of unleashed dogs at Gates Pond.  Mr. Blazar noted that this came up years ago in the form of a by-law, however the Attorney General ruled that Hudson does not have the ability to enforce its laws in Berlin.  Mr. Blazar and Town Counsel are working on trying to adopt regulations as part of the Towns water use regulations in order to put limitations on people’s ability to walk unleashed animals.  The main problem is that Berlin does not have a leash law.  Short of banning foot traffic all together regulating this will be complicated.  
  • Proclamations:
Selectmen to consider issuing a proclamation to Richard McQuiggan for his service on the Hudson Historical Commission.
On a motion by Mr. Durant, seconded by Mr. McGourty the Board voted by a margin of 5-0 to issue the proclamation.
  • Correspondence to be Noted by Clerk:
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 5-0 to note correspondence.
  • Adjourn:
On a motion by Mr. Vereault, seconded by Mr. McGourty the Board voted by a margin of 4-1 to adjourn.  Mr. Durant opposed..

Document List – September 10, 2012

Document
Location
Public Session Minutes:  8/27/12
BOS Office
Executive Session Minutes: 8/27/12
BOS Office
FY11 Financial Statements, Management Letter and School Dept. End of Year pupil & Financial Reports from Melanson Heath & Co.
BOS Office
Taxi Driver License application for Christian Crue for Sunshine Taxi
BOS Office
Memo regarding the appointment of Lieutenant Burks to Captain effective 9/14/12
BOS Office
Procurement & Attorney Cipriano’s response on review of contract for Coplogic Inc.
BOS Office
Procurement, bid sheet for Pamet Software, LLC
BOS Office
Memo, Change Order #1 for Zebra Environmental Corporation
BOS Office
Memo, Change Order #1 with Lazaro Paving Co. for the reconstruction of Old North Road
BOS Office
Memo, MassDot Chapter 90 Project Request Forms for the Drainage Installation and reconstruction of Brook Street
BOS Office
Memo, Procurement, bid Sheet for E.H. Perkins Contract for the Floor Mitigation/Drainage Project on Brook Street
BOS Office
Proclamation for Richard McQuiggan for his services on the Hudson Historical Commission
BOS Office
Open Meeting Law Supplement from the Attorney General’s Office
BOS Office
Revised Open Meeting Law Summary
BOS Office
Draft Copy of November 19 Town Meeting Warrant
BOS Office
Notice of LIP affordable home availability
BOS Office
Notice from Central Mass Mosquito Control Project
BOS Office
Notice of receipt of Tripps Pond Phase I inspection report
BOS Office
Letter and sample proclamation for United Nations Day
BOS Office
Copy of Email to Police Chief Stephens
BOS Office
Email from Scott Darlington re: HUD TV transmission problems
BOS Office
Report from State Auditor re: Hudson School District use of ARRA funds
BOS Office
Copies of Legal Services Proposals
BOS Office
Copy of a letter from State Senator Eldridge & Reply
BOS Office
Copy of a letter from State Senator Eldridge & Reply
BOS Office
Notice of Civil Service appeal re: Thomas Crippen and the Town of Hudson
BOS Office
Petition for Relief Under Chapter 310 of the Acts of 1993, related to Thomas Crippen vs. Hudson
BOS Office
Invitation to the Franklin School for the Performing Arts ribbon cutting reception
BOS Office