Town of Hudson - Board of Selectmen
Minutes –July 1, 2013
78 Main Street 2nd Floor 7:00 PM
Present were Messieurs Durant, Vereault, Lucy, Yates, Blazar, and Cipriano. Ms. Santos was also present.
Public Session: June 17, 2013
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 4-0 to approve the minutes.
Executive Session: June 17, 2013
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 4-0 to approve the minutes.
Jim Grillo, Rutland Street spoke out in favor of the Town adopting a blight by-law. He stated that the Inspections Department and the Board of Health do not put enough effort into enforcing the laws that the Town has in place to ensure the safety and health of its citizens. He noted that this by-law has failed previously at Town Meeting and that when he did bring his concerns to the Selectmen at a meeting there was no visible action taken by them.
Mr. Lucy stated that the real issue is that the Town does not have any regulations in place to deal with this. Mr. Blazar noted that nothing can be done as there is not an enforceable by-law in Hudson. Atty. Cipriano also cited the lack of any enforceable by-law as the major factor.
Mr. Lucy requested that an agenda item be added to its next meeting for the Board to discuss whether to add the previously rejected blight by-law from May 2011 to the November Town Meeting warrant.
Shawn Durkin has previously applied for an ice cream truck vendor license and the Board took no action on the request. Mr. Durkin is before the Board to ask why they did not grant the license. Mr. Durant explained to him that he is welcome to speak with each individual member of the Board as to what their reason was for passing over the approval. Atty. Cipriano stated that the Board cannot discuss the matter as it is not on the agenda. Mr. Vereault said he would support putting this item on the agenda for consideration at its next meeting.
On a motion by Mr. Vereault, seconded by Mr. Lucy the Board voted by a margin of 3-1 to include this item for consideration at its meeting of July 22, 2013, Mr. Durant opposed.
- Meetings and Public Hearings - 7:00 PM:
Selectmen to meet with MMA Consulting Group and the Executive Assistant Search Committee.
Mark Morse of MMA explained that he will be meeting with the Search Committee to get organize. The Committee Chairman will communicate with the Selectmen regarding the status of the search. Mr. Morse noted that he would like to schedule some time to speak with each of the Selectmen. Mr. Yates asked where they would advertise. Mr. Morse stated that he only advertises in professional journals and supplements that with outreach as well. Mr. Vereault asked what the timeframe for the process is. Mr. Morse is predicting approximately four months.
Selectmen to consider delegation of permitting authority for Ice Cream Truck Vendor Permits to the Hudson Police Department.
Mr. Blazar explained that the way that the statue is written is that the permitting authority for this type of permit is the Police Department. The only other way that any other entity be the permitting authority is through a by-law which does not exist in this Town. Mr. Lucy stated that in order to comply with the law the Board needs to delegate this authority to the Police Department.
Mr. Blazar noted a legal opinion from Jack Collins, legal counsel for Mass Chiefs, in which Atty. Collins states that the authority to grant these types of permits lies with the Police Department as was the intention of the legislature.
Mr. Vereault stated that does not feel that the Board should relinquish their authority in this case. Atty. Cipriano stated the he agrees with Atty. Collins’ legal opinion.
On a motion by Mr. Durant, seconded by Mr. Lucy the Board voted by a margin of 2-2 to grant the delegation of permitting authority for Ice Cream Truck Vendor Permits to the Hudson Police Department in conformance with the statue. Mr. Yates and Mr. Vereault opposed, motion failed.
Selectmen to consider issuing an Ice Cream Truck Vendor Permit to Nicholas Winn driving for Juniper Farms.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 3-0-1 to approve the permit. Mr. Durant abstained.
Selectmen to consider issuing an Ice Cream Truck Vendor Permit to Ryan Chaulk driving for Juniper Farms.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 3-0-1 to approve the permit. Mr. Durant abstained.
Selectmen to consider issuing an Ice Cream Truck Vendor Permit to Kathleen Quinones driving for VeeBop.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 3-0-1 to approve the permit. Mr. Durant abstained.
Selectmen to consider issuing a Transient Vendor license to Adam Genninger, d/b/a Two Little Monkeys Bread & Jam Co. for Wood Park 2013 Summer Concerts events.
Mr. Genninger explained to the Board that there are four summer concerts at the Park and he is hoping to set up a tent along the Rail Trail. Mr. Blazar noted that this is not the request that has been presented to the Board for this evenings meeting and Mr. Genninger would need to provide a separate application for the subsequent location for consideration at a future meeting. Mr. Lucy stated that he would not approve having a tent set up along the trail. Mr. Durant told Mr. Genninger he is welcome to return to the Board with the appropriate application and the Board will consider the request at that time.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 4-0 to approve the license.
Selectmen to note resignation of Robert Chase from the Department of Public Works.
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 4-0 to note the resignation.
Selectmen to consider approval of appointment of Antonio Luz as a W-2 Laborer for the Department of Public Works.
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 4-0 to approve the appointment.
Selectmen to consider approval of appointments of Brittany Aker as Part-Time Communications Dispatcher effective July 1, 2013.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 4-0 to approve the appointment.
Selectmen to consider approval of appointment of Jack Bertonassi as Part-Time Communications Dispatcher effective July 1, 2013.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 4-0 to approve the appointment.
Selectmen to consider approval of appointment of Paige Perault Part-Time Communications Dispatcher effective July 1, 2013.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 4-0 to approve the appointment.
Selectmen to consider approval of appointment of Michael LaCure Part-Time Communications Dispatcher effective July 1, 2013.
On a motion by Mr. Lucy, seconded by Mr. Yates the Board voted by a margin of 4-0 to approve the appointment.
Selectmen to consider approval of appointment of Marianne Iarossi as an Associate Advisory Member to the Conservation Commission with a term to expire on 12/31/2015.
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 3-0-1 to approve the appointment. Mr. Vereault abstained.
Selectmen to consider approval and authorization to sign contract with Aisling Partners Insurance Brokerage, LLC in the amount of $18,500 (exempt) for the acquisition and administration of Health Re-Insurance for fiscal 2014.
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 3-0-1 to approve the contract. Mr. Yates abstained.
Selectmen to ratify contract with AFSCME Council 93, Local 3625 for the period of July 1, 2013 through June 30, 2016.
On a motion by Mr. Lucy, seconded by Mr. Vereault the Board voted by a margin of 4-0 to ratify the contract.
Selectmen to consider award and authorization to sign contract with Lazaro Paving Corporation in the amount of $224,900.50 for the reconstruction & reclamation of Old County Road, Gately Avenue, Rock Avenue and Lyman Avenue.
On a motion by Mr. Lucy, seconded by Mr. Vereault the Board voted by a margin of 4-0 to award the contract.
Selectmen to consider approval and authorization sign amendment to the Massachusetts Health Care reform Premium-Only Section 125 Cafeteria Plan.
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 3-1 to approve the amendment. Mr. Vereault opposed.
Selectmen to consider signing Administrative Consent Order file number ACO-CE-13-5D005 with Massachusetts Department of Environmental Protection.
Mr. Blazar explained that this has to do with the proposed filtration of the Kane/Cranberry water supply sources. This adopts the schedule that was outlined for accomplishing this and it also requires that both wells be kept off line until the results of water testing is within acceptable limits as per EPA standards.
Mr. Yates asked how much money has been spent on the cleaning of the wells. Mr. Marques explained that $27,000 has been spent on the cleaning and the purchase and installation of materials needed to accomplish this.
On a motion by Mr. Vereault, seconded by Mr. Lucy the Board voted by a margin of 4-0 to sign Administrative Consent Order.
Selectmen to consider signing Emergency Water Supply Agreement with Massachusetts Water Resources Authority.
Mr. Blazar informed the Board that under the terms of this agreement that Town would be purchasing approximately half a million gallons of water per day (15 million per month). The cost of this would include not only the water but also a 10% surcharge from the MWRA and a 4.8% surcharge from the City of Marlborough. The total amount would be $655,000 during fiscal year 2014. The average household’s water bill will increase by approximately 30%. Once the wells are put back into service and there is no longer a need to purchase water the water bills will be reduced by the same amount.
Mr. Vereault suggested that at the next meeting that Board consider increasing conservation measures during this period. He also suggested that the Board send a letter of thank you to the City of Marlborough. Mr. Blazar noted that the Town is already utilizing conservation measures higher than are necessary. Mr. Durant would like to continue with the current water ban, however he does urge citizens of the Town to take conservation measures on their own accord.
On a motion by Mr. Lucy seconded by Mr. Durant the Board voted by a margin of 4-0 to sign the agreement.
Selectmen to consider signing an Intermunicipal Agreement with the City of Marlborough in order to receive MWRA Water through Marlborough’s transmission system.
Atty. Cipriano explained the Agreement is in the process of being drafted and the reason it need to be signed this evening as it must be completed by July 15, 2013 as per the requirements set forth by the MWRA.
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 4-0 to sign the Inter-municipal agreement subject to review and approval by Town Counsel.
Mr. Vereault asked Mr. Marques what the status of the Water Confidence Report was. Mr. Marques stated that it was mailed and should have been received as it is mandatory that residents receive it by July 1st. There is nothing in the report regarding the current water situation as it was prepared before this issue arose.
Mr. Durant noted that as Glendale Road is now a one way there is still a no turn on red sign for those turning on to Cox Street, which he finds to be unnecessary. Mr. Blazar said he would have the Internal Traffic Committee review this.
- Correspondence to be Noted by Clerk:
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted by a margin of 4-0 to note correspondence.
The Board voted unanimously by roll call to enter into executive session, not to return to public session, to discuss pending litigation and advise of counsel, as the discussion of these matters in open session may have a detrimental effect on the bargaining position of the town.
Document List – July 1, 2013
Document |
Location |
Public session Minutes: June 17, 2013 |
BOS Office |
Executive Session Minutes: June 17, 2013 |
BOS Office |
Legal Update on Ice Cream Truck Vendor and Civil Fingerprinting |
BOS Office |
Ice Cream Truck Vendor application from Nicolas Winn for Juniper Farms |
BOS Office |
Ice Cream Truck Vendor application from Ryan Chaulk for Juniper Farms |
BOS Office |
Ice Cream Truck Vendor application from Kathleen Quinones for Veebop |
BOS Office |
Transient Vendor application from Two Little Monkeys Bread & Jam Co. |
BOS Office |
Memo regarding resignation of Robert Chase |
BOS Office |
Memo regarding appointment of Antonio Luz as W-2 Laborer |
BOS Office |
Letter from Police Chief regarding appointment of Brittany Aker as P-T Communications Dispatcher |
BOS Office |
Letter from Police Chief regarding appointment of Jack Bertonassi as P-T Communications Dispatcher |
BOS Office |
Letter from Police Chief regarding appointment of Paige Perault as P-T Communications Dispatcher |
BOS Office |
Letter from Police Chief regarding appointment of Michael LaCure as P-T Communications Dispatcher |
BOS Office |
Memo regarding appointment of Marianne Iarossi as an Associate Advisory Member to the Conservation Commission |
BOS Office |
Agreement with Aisling Partners Insurance Brokerage and the Town of Hudson |
BOS Office |
AFSCME Council 93, Local 3625 Contract for the period of 7/1/2013 through 6/30/13 |
BOS Office |
Contract biding documents for Lazaro Paving for reconstruction & reclamation of Old County Road, Gately Ave, Rock Ave and Lyman Ave |
BOS Office |
MA Health Care reform Premium-Only Section 125 Cafeteria Plan amendment |
BOS Office |
Administration Consent Order from DEP |
BOS Office |
Emergency Water Supply Agreement with MWRA |
BOS Office |
Inter-municipal Agreement with City of Marlborough regarding MWRA as Water Resource |
BOS Office |
Commendation letter from Chief Stephens to Lieutenant Crippen for coordinating the events of Governor Argeo Paul Cellucci |
BOS Office |
Letter from Department of Environmental Protection regarding the status of 1997 Consent Order |
BOS Office |
Copy of Board Interest Form from Justin Graceffa for the Assabet Valley School Board |
BOS Office |
Copy of letter from Mr. Shawn Winsor regarding Light & Power complaint |
BOS Office |
2012 Annual Report from Foundation Metrowest (report on file) |
BOS Office |
Copy of letter from Water Resources Commission regarding temporary purchase of water through the City of Marlborough |
BOS Office |
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