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Selectmen's Minutes 08/26/13
Town of Hudson - Board of Selectmen
Minutes –August 26, 2013
78 Main Street  2nd  Floor  7:00 PM

  • Call to Order:
Present were Messieurs Durant, Quinn, Vereault, Yates, Sandini, and Cipriano.  Ms. Santos was also present.
  • Minutes to be Approved:
Public Session:  August 5, 2013
The Board took no action.
  • Citizen’s Issues:
Cristina Fernandes asked the Board to consider creating a Disability Commission, a discussion ensued, Mr. Yates requested that Mr. Sandini research the creation of a Disability Commission.
  • Meetings and Public Hearings - 7:00 PM:
  • Licenses:
Selectmen to consider issuance of an Entertainment License to David Rosolko, dba Paint Misbehavin, Inc. located at 312 Main Street.
A discussion ensued.
On a motion by Mr. Durant, seconded by Mr. Vereault the Board voted by a margin of 4-0 to approve the license.
  • Personnel:
Selectmen to consider appointment of Wardens and Clerks for the seven precincts of the Town.
On a motion by Mr. Durant, seconded by Mr. Quinn the Board voted by a margin of 4-0 to approve the appointments.
Selectmen to consider approval of appointment of Cynthia Gould as a Crossing Guard effective August 28, 2013.
On a motion by Mr. Durant, seconded by Mr. Quinn the Board voted by a margin of 4-0 to approve the appointment.
  • Contracts:
Selectmen to consider approval and authorization to sign contract with Wright-Pierce Inc. in the amount not to exceed $6,000 for an Engineering Peer Review of the report entitled “Kane and Cranberry Wells Treatment Evaluation, dated March 2013 and prepared by A-P Associates, Inc.
Mr. Tony Marques, Director of Public Works gave a brief summary of the purpose for obtaining a peer review.  The Board had a lengthy discussion related to the Peer Review Contract, as well as questions for Mr. Marques.
Mr. Vereault made a motion to table this item and to have Mr. Marques contact C.E.I. of Marlborough to obtain a quote for Engineering Peer Review.  The motion was seconded by Mr. Yates and the Board voted by a margin of 2-2.  Mr. Durant and Mr. Quinn opposed, motion failed.

Mr. Durant made a motion to approve the Contract with Wright-Pierce Inc. in the amount not to exceed $6,000 for an Engineering Peer Review, motion was not seconded.

Selectmen to consider approval and authorization to sign a three year contract with Boardmans Animal Control Inc. in the amount of $47,209.08 (SB) for first year, $48,153.36 for second year and $49,116.48 for the third year commencing on 9/1/13.
A discussion ensued.  On a motion by Mr. Durant, seconded by Mr. Quinn the Board voted by a margin of 3-1 to approve the contract.  Mr. Vereault abstained citing not enough information to vote to approve the contract.
Selectmen to consider approval and authorization to sign a contract amendment with the Commonwealth of Massachusetts Department of Public Health, in conjunction with its award of $70,000 to Hudson as lead community in the Centers for Disease Control Community Transformation Grant.
On a motion by Mr. Durant, seconded by Mr. Quinn the Board voted of 4-0 to approve the amendment.
  • General:
Selectmen to consider approval and authorization to sign Mutual Aid Agreement to allow for the police officers the ability to exercise sworn police powers outside of the territorial limits of the municipality.
Mr. Yates referred to his discloser filed with the Town Clerk and that he spoke with the Ethic Commission regarding his voting on this item.  The Ethics Commission had no issue with his participation.  Further discussion ensued.
On a motion by Mr. Durant, seconded by Mr. Yates the Board voted by a margin of 3-1 to approve the mutual aid.  Mr. Vereault abstained.
Selectmen to consider approval of the ITC recommendation to remove the “No Right Turn on Red” at Main Street Eastbound at Glendale Street and Westbound at Cox Street.
On a motion by Mr. Durant seconded by Mr. Quinn, the Board voted by a margin of 4-0 to approve the ITC recommendations.
Selectmen to consider approval and authorization to sign a settlement in the amount of $18,180 with USEPA regarding the disposal of hazardous waste.
A discussion ensued.  On a motion by Mr. Durant seconded by Mr. Quinn, the Board voted by a margin of 4-0 to approve the settlement.
Selectmen to discuss proposed study of aquatic habitat restoration plan for the Hudson Main Street Dam site.  
Mr. Marques gave a brief synopsis and the Board tabled this item for a future meeting.

Selectmen to discuss legal opinion on former Executive Assistant vacation buyback.
Attorney Cipriano addressed his legal opinion regarding the former Executive Assistant vacation buyback.  
Attry. Cipriano determined that his best resource would be to consult with labor counsel and concluded that the buyback was in fact legal within the language of the contract.  
The Board discussed in length as well as asked questions of Attorney Cipriano and Attorney D. Moschos.
Justin Provencher to present an update on the Executive Assistant Search progress.
Mr. Provencher indicated that the EA Search Committee has reviewed 19 resumes and expects additional resumes to follow from MMA Inc.  The Committee has scheduled a second public input forum to be held on 9/5/13 and will hold their next Committee meeting on September 10, 2013 to review all additional submitted resumes.
  • Town Issues:
Mr. Vereault made a motion to have Town Counsel research the legality of the Board ability to set the premiums for disabled Public Safety employees.  The motion was not seconded.  The Chairman suggested the Board discuss at a future meeting whether to instruct Town Counsel to research Mr. Vereault’s request.
Mr. Yates requested that enforcement of crosswalk compliance be addressed, especially close to the Schools.   Mr. Yates also suggested that remote participation and a succession plan for retiree’s be reviewed.  
Mr. Yates asked the Chairman to revisit item 7 a) for revote.  The Chairman denied the request.

  • Correspondence to be Noted by Clerk:
On a motion by Mr. Durant, seconded by Mr. Vereault the board voted by a margin of 4-0 to note correspondence.
Mr. Durant stated that the MassDot will be meeting with ITC on 8/28/13 at 10:00am to discuss the Washington Street Bridge replacement project.
  • Executive Session:
The Board voted unanimously by roll call by a margin of 4-0 to enter into executive session, not to return to public session, to obtain advice of Counsel and to discuss pending litigation and collective bargaining,  as the discussion of these matters in open session may have a detrimental effect on the bargaining position of the town.


Document List – August 26, 2013

Document
Location
Public Session Minutes: August 5, 2013
BOS Office
One Day Entertainment License application from David Rosolko d/b/a Paint Misbehavin, Inc.
BOS Office
Memo regarding Wardens & Clerks appointments
BOS Office
Memo regarding appointment of Cynthia Gould as Crossing Guard
BOS Office
Memo, contract documents for Wright-Pierce Inc. for Engineering Peer Review of Kane & Cranberry Wells Treatment Study
BOS Office
Contract, bid documents for Animal Control Contract with Boardmans Animal Control Inc.
BOS Office
Contract Amendment with Dept of Public Health related to the Centers for Disease Control Community Transformation Grant
BOS Office
Mutual Aid Agreement for police officers ability to exercise sworn police powers outside of the Town
BOS Office
ITC recommendation memo, Map for the removal of “No Right Turn on Red” at Main, Glendale 7 Cox Streets.
BOS Office
Settlement agreement with USEPA regarding the disposal of hazardous waste.
BOS Office
Documents related to proposed study of aquatic habitat restoration plan for the Hudson Main Street Dam site.
BOS Office
Legal Opinion related to former executive assistant vacation buyback
BOS Office
Civil Service Commission Decision upholding the termination of former police officer, Jose Chaves & letter from the Police Chief regarding Jose Chaves
BOS Office
Copy of presentation regarding the Washington Street Bridge Replacement Project to be made to the Internal Traffic Committee on August 28, 2013 at 10:00AM
BOS Office
Notice from DCR regarding Forest Cutting Plan
BOS Office
Hudson Housing Authority Financial Statements for 2011 and 2012
BOS Office
Notice of Second Public Input Session for Executive Assistant Search Scheduled for 9/5/13
BOS Office
E-mail from Linda Shea regarding the Blight By-Law Committee
BOS Office
Comcast Notice regarding digital network enhancements
BOS Office
Notice from Department of Housing Community Development regarding CDBG FY2013 Grant not being funded
BOS Office
Letter from Robert Cyr acknowledging the efforts of the Hudson Fire Department Staff
BOS Office
MMA’s Fall Legislative Breakfast meeting schedule
BOS Office
Memo from IEA regarding Water Rate Relief Assistance funding
BOS Office