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Selectmen's Minutes 04/25/16
Town of Hudson - Board of Selectmen
Minutes –April 25, 2016
78 Main Street  2nd  Floor  7:00 PM

  • Call to Order:
Present were Mr. Lucy, Mr. Parent, Mr. Quinn, Mr. Duplisea, Mr. Durant, and Mr. Moses.  Also present were Attorney Cipriano and Ms. Santos.
  • Board to re-organize:
  • Minutes to be Approved:
Public Session Minutes:  April 4, 2016
On a motion by Mr. Parent, seconded by Mr. Durant, the Board voted 5-0 to approve the public session minutes of April 4, 2016.
Executive Session Minutes:  April 4, 2016
On a motion by Mr. Duplisea, seconded by Mr. Parent, the Board voted 5-0 to approve the executive session minutes of April 4, 2016.
  • Citizens’ Issues:
Carol DeOliveira, 209 Chapin Road prepared a packet of information for the Selectmen to review.  She stated that her neighbor to the back of her property has put up a guardrail that runs along the length of her property.  This rail restricts her access to her property along this side of her house.  She requested that the information she submitted be reviewed and see if they can have this guardrail removed.  

        Brian O’Neill, 31 Parmenter Road had some questions regarding the Eversource project.  He asked if the Selectmen had any updated public information regarding their intervenor status.  Mr. Lucy explained that the Board would take his questions this evening and will respond to his questions at their meeting of May 16, 2016.  Mr. O’Neill then asked what the process of educating other Boards in Town on projects such as this project is in Hudson.  He noted that in the beginning of this process when citizens found out about the project they were told that the Town officials were made aware of this project in November 2015.  Mark Kimball, a spokesman for Eversource, told Mr. O’Neill (via email) that Eversource had initiated discussions with Town representatives over a year ago.  They discussed more specifics on the shared route at the November 19, 2015 meeting.  Mr. O’Neill asked who was approached by Eversource in March 2015.  The last question he asked was why Eversource was not added as an agenda item on the Conservation Commissions meeting of April 21, 2016.

Atty. Cipriano addressed the question of administrative law and procedure as it relates to the Conservation Commission (ConComm).  The concern seemed to be that a group of citizens opposed to the project were seeking ConComms position on the issue before any official filings have been made.  Atty. Cipriano did render an opinion regarding this issue.  He stated that to act or commit to any petition before it is filed is a violation of administrative law and procedure.  If Commissioners were to do so they would subject themselves to possible allegations of pre-judging matters that are not yet before them.  If the Town were to enter into litigation for any reason regarding said matter this would put the Town in adverse position to defend the Commissions ultimate actions.  To ask or expect an administrative commitment outside the context of an established administrative process and before formal review in inadvisable as a matter of law.  

  • Meetings and Public Hearings - 7:00 PM:
  • Licenses:
Selectmen to consider renewals of Mid-Year Licenses for those licensees who have met all requirements for renewal.
Note:  Mid-Year License includes 2nd Hand Merchandise Dealers, Pawn Broker 7 Roller Skating.
On a motion by Mr. Parent, seconded by Mr. Duplisea the Board voted 5-0 to approve the renewals of Mid-Year Licenses for those licensees who have met all requirements for renewal.
Selectmen to consider granting Out Door Live Entertainment Licenses to the Hudson Portuguese Club for the following dates/events:

Date
Time
Event
5/20/16 – Friday
7:00PM-11:00PM
Holy Ghost Feast
5/21/16 – Saturday
7:00PM-11:00PM
Holy Ghost Feast
5/22/16 – Sunday
2:00PM-9:00PM
Holy Ghost Feast
6/24/16 – Friday
7:00PM-11:00PM
Holy Ghost Feast
6/25/16 – Saturday
7:00PM-11:00PM
Holy Ghost Feast
6/26/16 – Sunday
2:00PM-9:00PM
Holy Ghost Feast
9/9/2016 – Friday
7:00PM-11:00PM
Our Lady of Fatima
9/10/16 – Saturday
7:00PM-11:00PM
Our Lady of Fatima
9/11/16 - Sunday
2:00PM-9:00PM
Our Lady of Fatima
8/7/2016 – Sunday
1:00PM-8:00PM
Concert on Soccer Field

Mr. Lucy requested the motion be modified to reserve the recommendation for Police Details in respect to the concert in the soccer field, until the organizers share the full parking and busing plan with the Police Chief.  Mr. Parent moved the motion, and Mr. Duplisea seconded.
Mr. Durant asked the Chairman to take the Concert License vote separately, he has no issues with all the other licenses, however he would like to additional information on the Concert prior to voting favorably.
On a motion by Mr. Parente, seconded by Mr. Duplisea, the Board voted 5-0 to approve all Out Door Entertainment licenses with the exception of the 8/7/16 Concert License.  
Mr. Durant asked Lurdes Melo, President of the Portuguese Club, how many people they are expecting to attend the concert.  Ms. Melo stated that approximately 1,000 people will attend.  She went on to say that the plan is to use area parking lots for parking and shuttling concert goers to the venue.  Mr. Durant asked her if they think that the number of attendees grows to over 1,000 to let the Board know sometime before August.  Ms. Melo agreed.  
Mr. Lucy suggested that the Police Chief reconsider the number of detailed officers once parking and busing details have been shared.  
Mr. Duplisea asked if they would be selling tickets.  Ms. Melo said yes.  Mr. Duplisea noted that this is a way that they can limit the number of attendees.  
On a motion by Mr. Parent, seconded by Mr. Duplisea, the Board voted 4-0-1, to grant an Out Door Live Entertainment License to the Hudson Portuguese Club for the August 7, 2016 Concert to be held in Soccer Field with a reservation to allow the Police Chief to reconsider the number of Police Officers after the parking and busing plans have been shared.  Mr. Quinn abstained.

Selectmen to consider granting Out Door Live Entertainment Licenses to the Hudson Recreation Department for the Summer Concert Series:
  • Wood Park – 6/15/2016 – 8/3/2016  from 6:30PM-8:30PM
  • Cellucci Park Pavilion 6/23/2016 – 8/4/2016  from  12:00Noon – 1:00PM
On a motion by Mr. Parent, seconded by Mr. Quinn, the Board voted 5-0 to grant the Out Door Live Entertainment Licenses to the Hudson Recreation Department for the Summer Concert Series:  Wood Park – 6/15/2016 – 8/3/2016  from 6:30PM-8:30PM, Cellucci Park Pavilion 6/23/2016 – 8/4/2016  from  12:00Noon – 1:00PM.

  • Personnel:
Selectmen to consider approval of appointment of Catherine Childs to the Conservation Commission, term to expire on 12/31/2017.
On a motion by Mr. Quinn, seconded by Mr. Parent, the Board voted 5-0 to approve the appointment of Catherine Childs to the Conservation Commission, term to expire on 12/31/2017.
Selectmen to consider approval of appointment of Emilie Schuler to the Conservation Commission to a term to expire on 12/31/2018.
On a motion by Mr. Duplisea, seconded by Mr. Quinn, the Board voted 5-0 to approve the appointment of Emilie Schuler to the Conservation Commission to a term to expire on 12/31/2018.
Selectmen to consider approval of appointment of Brandon Parker as an Associate Commissioner to a term to expire 12/31/2019.
On a motion by Mr. Duplisea, seconded by Mr. Quinn, the Board voted 5-0 to approve the appointment of Brandon Parker as an Associate Commissioner to the Conservation Commission, to a term to expire 12/31/2019.
Selectmen to consider amending the DPW job title of Draftsperson to Engineering Aide / Construction Inspector.
Note:  No changes to grade or salary level, only job title is changing.
On a motion by Mr. Durant, seconded by Mr. Parent, the Board voted 5-0 to approve the amendment of the DPW job title of Draftsperson to Engineering Aide / Construction Inspector.
Selectmen to consider approval of new job description Board of Health Accounting Advisor.
Note:  To be funded by Board of Health grant.
On a motion by Mr. Parent, seconded by Mr. Durant, the Board voted 5-0 to approve the new job description Board of Health Accounting Advisor.
Selectmen to consider approval of appointment of Cameron Hannigan as an Auxiliary Fire Fighter at a rate of $10.00 an hour.
On a motion by Mr. Durant, seconded by Mr. Duplisea, the Board voted 5-0 to approve the appointment of Cameron Hannigan as an Auxiliary Fire Fighter at a rate of $10.00 an hour.
  • Contracts:
Selectmen to consider award and authorization to sign a contract with JSI Research and Training Group in the amount of $2,500.
Note:  Funded by the Department of Public Health Grant.
On a motion by Mr. Parent, seconded by Mr. Duplisea, the Board voted 5-0 to approve and authorize signing the contract with JSI Research and Training Group in the amount of $2,500.
Selectmen to consider award and authorization to sign a contract with MAPC in an amount not to exceed $5,100 to review Hudson Zoning By-Laws.
Note:  Funded by the Department of Public Health Grant.
On a motion by Mr. Parent, seconded by Mr. Duplisea, the Board voted 5-0 to approve and authorize signing the contract with MAPC in an amount not to exceed $5,100 to review Hudson Zoning By-Laws.
Selectmen to consider approval and authorization to sign a contract with MassDOT to receive grant funding for the Complete Streets Tier 2 Grant in the amount of $48,511.73.
On a motion by Mr. Parent, seconded by Mr. Quinn, the Board voted 5-0 to approve and authorize signing a contract with MassDOT to receive grant funding for the Complete Streets Tier 2 Grant in the amount of $48,511.73.
  • General:
Selectmen to consider approval of Snow & Ice Overdraft authority in the amount of $ 88,200 Expense.
On a motion by Mr. Parent, seconded by Mr. Duplisea, the Board voted 5-0 to approve the Snow & Ice Overdraft authority in the amount of $ 88,200 Expense.
Selectmen to consider Water Conservation Restrictions for 2016.
On a motion by Mr. Parent, seconded by Mr. Durant, the Board voted 5-0 to enact mandatory water use restrictions effective May 1, 2016 until September 30, 2016 with the following restrictions:
  • Mandatory conservation which allows only alternate day use for non-essential outdoor activities including laws watering and car washing between the hours of 5:00 P.M. and 9:00 A.M.  Odd numbered houses will be permitted to water on Tuesday, Thursday, and Saturday, and even numbered houses on Wednesday, Friday, and Sunday.
2.              Filing of new swimming pools and watering on Mondays prohibited.
                        Violations of the Water Regulations are subject to enforcement fines of up to                           $100 per violation. Additional information will be posted on the website.
Selectmen to consider approval of Cable Access Fund Transfer in the amount of $1,430.60 for IT Laptop.
On a motion by Mr. Parent, seconded by Mr. Quinn, the Board voted 5-0 to approve the Cable Access Fund Transfer in the amount of $1,430.60 for IT Laptop.
Selectmen to approve press release regarding Eversource.
Mr. Duplisea read the Press Release:
The Hudson Board of Selectmen is receiving and is seeking additional legal advice regarding the potential Eversource transmission line project.  The Board has not yet outlined a response or a strategy since the final submission has not been made by Eversource to the Massachusetts Energy Facility Siting Board.  The Board’s specific course of action will depend on the nature of the project submitted and the evolving legal strategies.
It is important to understand that the Board must represent the best interest of the Town as a whole.  It may very well be that different groups of residents or businesses have different needs and desires.  The Board will consider every interest.  The single aspect of the potential project that seems to have universal appeal is opposition to overhead transmission lines.  The Board’s ultimate course of action will have as its primary objective to seek an assurance that the Siting Board’s approval does not include overhead lines.  Obtaining that result may best be served by opposing the project as a whole, supporting an in-street options, supporting an under the rail right of way option, or some other strategy.
On a motion by Mr. Parent, seconded by Mr. Duplisea, the Board voted 4-0-1 to approve the press release regarding Eversource.  Mr. Durant abstained.
Selectmen to consider accepting a donation of $250.00 from 577 Main Street, LLC for the Fire Department.
On a motion by Mr. Duplisea, seconded by Mr. Durant, the Board voted 5-0 to accept the donation of $25.00 from 577 Main Street, LLC for the Fire Department.
  • Town Issues:
Mr. Lucy read portions of a memo from the Director of Community Development regarding the status of the Washington Street Bridge.  The memo said that the Massachusetts Department of Transportation (MassDOT) plans to advertise the Washington Street Bridge replacement job between August and October 2016.  Once advertised it is anticipated that a contract will be executed and a notice to proceed will be issued in March 2017.  Following the March 2017 Notice to Proceed MassDOT estimates that it will involve a 3 ½ month bridge closure which could occur on March 18, 2018 with the bridge reopening around July 5, 2018.  Mr. Moses noted that it would not be 100% closed the entire time stating that at times it may be opened to one-way traffic.  

  • Correspondence to be Noted by Clerk:
On a motion by Mr. Quinn, seconded by Mr. Lucy, the Board voted 5-0 to note the correspondence.
  • Executive Session:
  • Adjourn:
On a motion by Mr. Parent, seconded by Mr. Duplisea, the Board voted 5-0 to adjourn.


Document List – April 25, 2016

Document
Location
Public Session Minutes:  April 4, 2016
BOS Office
Executive Session Minutes:  April 4, 2016
BOS Office
Mid-Year License list of renewals
BOS Office
Live Entertainment license application for various outdoor events
BOS Office
Live Entertainment License application for the Summer Concert Series at Wood Park and Cellucci Park
BOS Office
Appointment memo for Catherine Childs, Emilie Schuler and Brandon parker
BOS Office
Revised job title description for DPW  
BOS Office
New Job description for Board of Health Accounting Advisor
BOS Office
Appointment memo for Cameron Hannigan
BOS Office
Contract related documents for JSI Research
BOS Office
Contract related documents for MAPC contract
BOS Office
Contract related documents for MassDOT grant funding
BOS Office
Snow & Ice Overdraft authority memo
BOS Office
Water Conservation Restriction memo
BOS Office
Memo for Cable Access Fund transfer
BOS Office
Press release related to Eversource
BOS Office
Donation memo from 577 Main Street, LLC
BOS Office
Copy of notice from Attorney Cipriano regarding the Estate of St. John 6-8 Summer Street Land Court Foreclosure
BOS Office
Meal Tax analysis report from the Executive Assistant
BOS Office
MassDot notice of Chapter 90 funding apportionment of $593,696 for FY2017
BOS Office
Email from Director of Senior Center regarding the irrigation system to be paid by the Friends of Hudson Senior Center
BOS Office
2015 CTV Form 200, 400 and Verizon NE Financial Statements
BOS Office
Letter from Attorney Gary Horwitz regarding L&P bill dispute and Attorney Cipriano’s response
BOS Office
Notice from Xfinity regarding the Digital services
BOS Office
Notice from Verizon regarding Union Leaders call Strike
BOS Office
Planning Board recommendation on 2016 ATM Articles 24 and 25
BOS Office
Notification of Free Cash approval
BOS Office
Lead testing results for the Mulready School
BOS Office
Cox Street Bridge Report and response from Director of DPW
BOS Office
Letter from Marianne Barret of 139 White Pond Road regarding Eversource Sudbury to Hudson Transmission Line, dated April 13, 2016.  (distributed at meeting on 4/25/16)
BOS Office