Town of Hudson - Board of Selectmen
Minutes –April 6, 2015
78 Main Street 2nd Floor 7:00 PM
Present were Mr. Lucy, Durant, Vereault, Duplisea, Moses. Also present were Attorney Cipriano and Ms. Santos. Mr. Quinn was not present.
Public Session: March 23, 2015
On a motion by Mr. Lucy, seconded by Mr. Durant the Board voted 3-1 to approve the minutes with an amendment to item 8 c), replace Mr. Vereault opposed to Mr. Durant opposed. Mr. Vereault opposed.
Executive Session: March 23, 2015
On a motion by Mr. Durant, seconded by Mr. Lucy the Board voted 2-1-1 to approve the minutes. Mr. Duplisea abstained and Mr. Vereault opposed.
- Citizens’ Issues:
- Meetings and Public Hearings - 7:00 PM:
- Licenses:
Selectmen to consider issuance of a Taxi Cab Driver License to Robert W. Homer Sr., driving for Sunshine Taxi.
On a motion by Mr. Durant, seconded by Mr. Duplisea the Board voted 3-0-1 to approve the Taxi Cab Driver License to Robert W. Homer Sr., driving for Sunshine Taxi. Mr. Vereault abstained.
Selectmen to consider issuance of a Taxi Cab Driver License to Drake T. Mulcahy, driving for Sunshine Taxi.
On a motion by Mr. Durant, seconded by Mr. Duplisea the Board voted 4-0 to approve the Taxi Cab Driver License to Drake T. Mulcahy, driving for Sunshine Taxi.
Selectmen to consider issuance of a Taxi Cab Driver License to Brian K. Schwarz, driving for Sunshine Taxi.
On a motion by Mr. Durant, seconded by Mr. Duplisea the Board voted 3-0-1 to approve the Taxi Cab Driver License to Brian K. Schwarz, driving for Sunshine Taxi. Mr. Vereault abstained.
Selectmen to consider issuance of a Taxi Cab Driver License to Jeffrey C. Leingang Sr., driving for Sunshine Taxi.
On a motion by Mr. Durant, seconded by Mr. Duplisea the Board voted 3-1 to approve the Taxi Cab Driver License to Jeffrey C. Leingang Sr., driving for Sunshine Taxi. Mr. Vereault opposed.
Selectmen to consider issuance of a Taxi Cab Driver License to Jeffrey C. Leingang Jr., driving for Sunshine Taxi.
The Board took no action.
Selectmen to consider approval of an outdoor entertainment license for the Jennifer Hunter Yates Sarcoma Foundation to be held on May 9, 2015 at the Morgan Bowl.
On a motion by Mr. Durant, seconded by Mr. Duplisea the Board voted 4-0 to approve the outdoor entertainment license for the Jennifer Hunter Yates Sarcoma Foundation to be held on May 9, 2015 at the Morgan Bowl.
Selectmen to consider issuing a One-Day Beer & Wine Pouring License and an Live Entertainment License to the Hudson Rotary Club for their Spirit of Hudson Fest to be held on August 15, 2015 from 3:00pm – 7:00pm at the Avidia Bank Parking Lot on South Street.
On a motion by Mr. Durant, seconded by Mr. Duplisea the Board voted 4-0 to approve the One-Day Beer & Wine Pouring License and an Live Entertainment License to the Hudson Rotary Club for their Spirit of Hudson Fest to be held on August 15, 2015 from 3:00pm – 7:00pm at the Avidia Bank Parking Lot on South Street.
Selectmen to consider approval of appointment of Daniel L. Hannon as Assistant Director of Recreation effective April 21, 2015.
On a motion by Mr. Vereault, seconded by Mr. Durant, the Board voted 4-0 to approve the appointment of Daniel L. Hannon as Assistant Director of Recreation effective April 21, 2015.
Selectmen to consider signing a contract accepting reimbursement in the amount of $89,244 from MassDOT for roadway repairs.
On a motion by Mr. Durant, seconded by Mr. Duplisea, the Board voted 4-0 to approve the a contract accepting reimbursement in the amount of $89,244 from MassDOT, for roadway repairs to be made by June 30, 2015.
Selectmen to consider award and authorization to sign a contract with Kaestle Boos Associates Inc., in the amount of $920,000 for Architectural & Engineering Services for the DPW/Police Headquarters project.
On a motion by Mr. Durant, seconded by Mr. Duplisea, the Board voted 4-0 to approve and authorize to sign a contract with Kaestle Boos Associates Inc., in the amount of $920,000 for Architectural & Engineering Services for the DPW/Police Headquarters project.
Selectmen to consider amending the Parking Rules & Regulations Article IV – Stopping, Standing and Parking as follows:
Upon the following streets or highways or parts thereof, parking is hereby prohibited
Delete the following:
Main Street – Northerly side from a point twenty (20) feet west of High Street for a distance of two hundred and twenty (220) feet westerly.
Add the following:
Main Street – Southerly side from Broad Street easterly for a distance of one hundred and ninety three (193) feet.
Main Street – Northerly side from Manning Street easterly for a distance of Sixty-five (65) feet.
On a motion by Mr. Durant, seconded by Mr. Lucy, the Board voted 4-0 to amend the Parking Rules & Regulations as requested above.
Selectmen to consider Water Conservation Restrictions for 2015.
On a motion by Mr. Durant, seconded by Mr. Lucy, the Board voted 4-0 to implement Level IV – Warning; Mandatory Water Conservation Restrictions with outdoor watering permitted only between 5:00PM and 9:00AM, for odd numbered houses may water on Tuesday, Thursday and Saturday, and even numbered houses on Sunday, Wednesday, and Friday for the period of May 1, 2015 through September 30, 2015.
Selectmen to consider approval of amendment of Article 19, Washington Street Discontinuance from the May 2015 Town Meeting.
On a motion by Mr. Durant, seconded by Mr. Duplisea, the Board voted 3-1 to amend Article 19, Washington Street Discontinuance from the May 2015 Town Meeting. Mr. Vereault opposed.
Selectmen to consider approval of removal of Article 20, Giasson Street Public Way Discontinuance, from the May 2015 Town Meeting Warrant.
On a motion by Mr. Durant, seconded by Mr. Duplisea, the Board voted 3-1 to remove Article 20, Giasson Street Public Way Discontinuance, from the May 2015 Town Meeting Warrant. Mr. Vereault opposed.
Selectmen to consider granting an extension to the Due Diligence provision of the Purchase and Sale Agreement for 173 Washington Street, for a new expiration date of May 11, 2015.
On a motion by Mr. Durant, seconded by Mr. Duplisea, the Board voted 3-1 to approve the extension to the Due Diligence provision of the Purchase and Sale Agreement for 173 Washington Street, for a new expiration date of May 11, 2015. Mr. Vereault opposed.
Selectmen to meet with Attorney Arthur Bergeron.
Attorney Bergeron invited the Board to attend a workshop being held by Mirrick O’Connell on Thursday May 7, 2015. The workshop attendees will be made up of members of area towns Board of Selectmen, Zoning Board and Planning Board as well as the City Council and Mayor of Marlborough. This leadership workshop will focus on the challenges and benefits of downtown development. Atty. Cipriano expressed his concern regarding the open meeting law and how if three or more selectmen attend they could be in violation of the law as this would constitute a quorum. Atty. Bergeron stated that they do not anticipate this being an issue but if it is they will work to come up with a resolution.
Selectmen to discuss potential regulations for liquor licenses in addition to those terms contained in House Bills 4411 and 4412.
Mr. Lucy explained his concerns for the price some pay for a liquor license relative to what others pay. He noted he is not concerned with the licenses that will be awarded at the Highland Commons Shopping Center as those licenses are site specific. However he would like to see some uniformity in the fee for the other five newly awarded licenses. He is referring to some of the local businesses that purchased their license from a third party not the Town. The Town license is awarded with no fee but the third party can charge what they wish for the license being transferred to a new owner for an existing location. Mr. Lucy went on to say that he does not want to award a license and then four years later the licensee sell that license for that location
for a large sum of money. He would like to try to figure out a way to level the playing field.
Mr. Duplisea agreed. He asked for clarification regarding the clause in the House Bill that stated that if a licensee returns the license to the Town it can only be granted at the same location and under the same conditions. Mr. Moses explained that this is standard language in any bill for any licenses that are issued over quota and this provision cannot be waived.
Atty. Cirpiano stated that government permitting of this nature is not supposed to have “transferable value”. Routinely when a business is being sold / transferred with a liquor license one is transferring personal property as well as the lease and of course the license. This license is not supposed to have value however a license could be used as collateral. This makes the question of worth a difficult one to address. Ultimately he feels that the Board does not have the authority to place a value on the license other than to attach additional fees. Mr. Lucy suggested increasing the fee for only the five new non location specific licenses. Atty. Cipriano explained that this could be looked at as an illegal tax as the fee must be commensurate to the
administrative cost incurred by the Town to issue said license.
Mr. Vereault questioned whether these licenses would be designated to a certain area of Town. He noted that there is a potential here to spur up economic growth in a different area of Town if they are designated correctly.
Mr. Lucy stated that he would like to change the fee schedule to include a significant fee upon the issuance of the five additional licenses. He cited fairness as his reason for fee increase.
Mr. Durant disagrees. He stated that the reason these additional licenses were sought was to encourage economic development. Mr. Durant stated that these additional fees may prove to do the opposite. He also questioned the legality of having different fees for the same thing. He stated that instead of imposing an additional fee for these licenses that the Board takes more care in issuing them keeping in mind the overall picture.
- - - -
Mr. Vereault reminded residents to drive with extra caution as the weather is finally getting better and children are back out on the streets.
- Proclamations:
- Correspondence to be Noted by Clerk:
On a motion by Mr. Duplisea, seconded by Mr. Durant, the Board voted 3-1 to note correspondence. Mr. Vereault opposed.
- Executive Session:
- Adjourn:
On a motion by Mr. Duplisea, seconded by Mr. Durant, the Board voted unanimously to adjourn.
Document List – April 6, 2015
Document |
Location |
Public Session Minutes: March 23, 2015 |
BOS Office |
Executive Session Minutes: March 23, 2015 |
BOS Office |
Taxi Cab Driver License Application: Robert Homer |
BOS Office |
Taxi Cab Driver License Application: Drake Mulcahy |
BOS Office |
Taxi Cab Driver License Application: Brian Schwarz |
BOS Office |
Taxi Cab Driver License Application: Jeffrey Leingang, Jr. |
BOS Office |
Taxi Cab Driver License Application: Jeffrey Leingang, Sr. |
BOS Office |
Outdoor Entertainment License for JHSF |
BOS Office |
One-Day Pouring & Entertainment License for Spirit of Hudson |
BOS Office |
Appointment Memo for Daniel Hannon, Assistant Recreation Director |
BOS Office |
MassDOT contract documents for grant for roadway repairs |
BOS Office |
Kaestle Boos Contract for DPW/Police Headquaters Architectural & Engineering Services |
BOS Office |
Amendment to Parking Rules & Regulation: Main Street parking |
BOS Office |
Water Conservation Restrictions Memo from DPW |
BOS Office |
Amendment to Article 19 of the May 2015 Town Meeting Warrant |
BOS Office |
Amendment to remove Article 20 from the May 2015 Town Meeting Warrant |
BOS Office |
Email from Attorney Bergeron regarding upcoming workshops |
BOS Office |
House Bills 4411 & 4412 & Alcohol License fee |
BOS Office |
Notice of submittal of a Permanent Solution Statement to the Mass Dept. of Environmental Protection for 173 Washington Street property |
BOS Office |
Notice of Activity and Use Limitation (173 Washington Street), documents were recorded with the Middlesex County Registry of Deeds on March 20, 2015 |
BOS Office |
Information regarding the Cellucci Tribute Road Race to be held on July 25, 2015 |
BOS Office |
Police Chief Search outlined process from the Executive Assistant |
BOS Office |
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