Town of Hudson - Board of Selectmen
Minutes –September 26, 2016
78 Main Street 2nd Floor 7:00 PM
Present were Mr. Lucy, Mr. Parent, Mr. Quinn, Mr. Duplisea and Mr. Durant. Also present were Attorney Cipriano and Ms. Santos.
Public Session Minutes: September 12, 2016
On a motion by Mr. Parent, seconded by Mr. Durant the Board voted 5-0 to approve the minutes of September 12, 2016.
Brian O’Neill, 31 Parmenter Road requested some clarification on a recent statement letter released by the Board. He noted that in the letter the Selectmen stated that they would like all lines to go underground, he asked specifically where they would run. Mr. Duplisea stated that they have not yet discussed it.
Mr. O’Neill requested the executive session minutes regarding Eversource. Atty. Cipriano stated that they are not public record until they are release but they will not be released until such time as the matter is resolved.
Valerie Maher stated that she is the owner and operator of an ice cream truck in Town and had questions regarding the recent food truck ban on Main Street. She asked if she would get ticketed by simply parking on Main Street but not conducting business. Mr. Duplisea said not unless she was conducting business. She then asked what brought about the ban. Mr. Duplisea said it was safety issues. Mr. Lucy added that it takes business away from downtown restaurants that pay high commercial taxes. Mr. Quinn stated that he has an issue with someone taking up a parking space for a long period of time as the food trucks do. He added that he is adamantly against food trucks on Main Street. Mr. Parent noted safety as his concern. The Board does not
have regulations regarding where the trucks can go and this needs to be addressed.
- Meetings and Public Hearings - 7:00 PM:
Selectmen to meet with Keith Sullivan, Co-Owner of Medusa Brewing Company.
Mr. Lucy stated that Hudson residents and tax payers owe Medusa thanks for renting and using space on Main Street. They also owe thanks as their business model has been a major contributor to the influx of out of Town patrons and the notoriety Hudson has enjoyed and also for helping to increase the revenues of surrounding restaurants as Medusa encourages patrons to bring in food.
Mr. Sullivan explained that the brewing industry and the food truck vending business seem to go hand in hand. They received many requests from patrons and residents for food trucks. This had been very well received but it is not something they anticipate doing all the time as they enjoy working collaboratively with the downtown restaurants. They did research the Town by-laws and did not find any prohibitions regarding these trucks. He stated that banning them from all these streets that are the ones intended for the trucks sends the wrong message. Mr. Sullivan suggested that a committee be formed to figure out a way to regulate this industry in Town. He proposed having a limited quantity of Town issued permits issued at one time so there are not
multiple trucks on Main Street at the same time. He expressed interest in being part of the committee.
Mr. Sullivan noted that food trucks are a pedestrian service and if they cannot park along this walking area there is no point for them coming.
Mr. Lucy feels that food trucks compete with local take out restaurants as they are taking away from their potential sales. These brick and mortar stores also pay high rents, high commercial real estate taxes and insurance. Mr. Lucy stated that a food truck does not have to incur these costs.
Mr. Parent stated that he will recommend that Mr. Moses put together a committee and to include Mr. Sullivan.
Mr. Durant noted regret for moving too quickly last week in instituting the ban without giving people a chance to be part of the discussion. He cited a safety as a reason for the ban. He stated that it is important that the Board work with the downtown business rather than dictate to them as there is such a positive synergy in our revitalized downtown.
Mr. Duplisea stated that his major concern was safety however not his only concern. He expressed regret for not hearing both sides of the story and rushing his decision.
Mr. Quinn stated that he is willing to listen to both sides but remained steadfast regarding the ban.
Mr. Sullivan read a statement from Rail Trail / New City:
“Food trucks bring another welcome dimension to the versioning food and drink scene that Hudson is becoming known for with their own fan base bringing new faces to Town. Hudson businesses are benefitting and the Town is becoming a very attractive place.”
Mr. Duplisea stated that on his part he made a mistake voting as he did at the last meeting regarding the food trucks. He went on to say that he would be willing to make a motion to rescind the vote if there were to be another member willing to second the motion, however there was not.
Andy Vickery, 11 Palmieri Drive noted that the Board seemed concerned about issues of public safety however asked Mr. Lucy what the primary reason for his vote was as it does not seem to be safety. Mr. Lucy stated that it is not fair for the restaurants in Town that pay high commercial tax rates to have to compete with a truck that has no commercial taxes, has low overhead and can sell their products for significantly less and then simply drive away. Mr. Vickery then stated that at the last meeting Atty. Cipriano said that they can only regulate based on safety not on the business model and requested confirmation on this. Atty. Cipriano stated that the Board of Selectmen control the public ways and they can make a decision based on the use of public ways.
However the primary issue that was raised at the last meeting was public safety. Atty. Cipriano went on to say that government normally cannot favor one form of business over another or constrain competition.
Charles Randall, 76 Park Street stated that he owns several properties on Main Street one of which is directly across the street from Medusa and he considers this to be an issue of public safety.
Selectmen to consider approval of appointments of Rosemary Best and Thomas Kenyon as Part-Time Assistant Circulation Librarians at Grade NU-D, Step 1 effective September 27, 2016.
On a motion by Mr. Lucy, seconded by Mr. Parent the Board voted 5-0 to approve the appointments of Rosemary Best and Thomas Kenyon as Part-Time Assistant Circulation Librarians effective September 27, 2016.
Selectmen to consider approval of appointments of Emily Caruso, Elaine Fortney, Rachel McComisky and Kayla Avila as Part-Time Pages at a rate of $10.00/hour, effective September 27 2016.
On a motion by Mr. Lucy, seconded by Mr. Parent the Board voted 5-0 to approve the appointments of Emily Caruso, Elain Fortney, Rachel McComisky and Kayla Avila as Part-Time Pages for the Library effective September 27, 2016.
Selectmen to consider designating Chief Michael Burks as Acting Executive Assistant during the absence of Mr. Moses.
On a motion by Mr. Lucy, seconded by Mr. Parent the Board voted 5-0 to designate Chief Burks as Acting Executive Assistant during the absence of Mr. Moses.
Selectmen to consider approval and authorization to sign Contract Amendment #1 with Metropolitan Area Planning Council (MAPC) to extend the completion date to September 30, 2017, related to the update of the Town’s Hazard Mitigation Plan.
Note: Grant funded by MEMA
On a motion by Mr. Durant, seconded by Mr. Parent the Board voted 5-0 to approve and authorize signing contract amendment #1 with MAPC to extend the completion date to September 30, 2017 for the update of the Town’s Hazard Mitigation Plan.
Selectmen to consider approval and authorization to sign a contract with Liquivision Technology in the amount of $6,150.00 for Cleaning and Inspection of Potash, Brigham Hill & Murphy water tanks.
On a motion by Mr. Durant, seconded by Mr. Parent the Board voted 5-0 to approve and authorize signing a contract with Liqivision Technology in the amount of $6,150.00 for Cleaning and Inspection of Postash, Brigham Hill & Murphy water tanks.
Selectmen to consider approval and authorization to sign a contract with The Collins Center – UMASS Boston in the amount of $7,000.00 to conduct a Non-Union Salary Survey.
On a motion by Mr. Lucy, seconded by Mr. Parent the Board voted 5-0 to approve and authorize signing a contract with the Collins Center in the amount of $7,000 to conduct a Non-Union Salary Survey.
Selectmen to consider approval and authorization to sign a three year contract with Boardmans Animal Control Inc. in the amount of $---49,853.28 (SB) for first year, $50,601.12 for second year and $51,360.12 for the third year commencing on September 1, 2016.
On a motion by Mr. Parent, seconded by Mr. Lucy the Board voted 5-0 to approve and authorize signing a three year contract with Boardman’s Animal Control Inc. in the amount of $49,853.28, $50,601.12 and $51,360.12 per year, respectively.
Selectmen to consider authorization and signing Chapter 90 Project Reimbursement Request and Final Report for the Reconstruction and Reclamation of a Portion of Lincoln Street Project.
On a motion by Mr., Parent, seconded by Mr. Lucy the Board voted 5-0 to authorize signing Chapter 90 Reimbursement Request and Final Report for the Reconstruction and Reclamation of a portion of Lincoln Street.
Selectmen to consider opening the November 21, 2016 Town Meeting Warrant as requested by Attorney Paul Giannetti.
Atty. Giannetti explained that he has been working with G-XS Solutions, a company out of Maryland since March of this year. Based on a market analysis they are proposing to construct an assisted living facility on two parcels located near the Route 85/290 connector on Washington Street. Convalescent homes are allowed in this area by special permit from the Zoning Board of Appeals. In meeting with various Town officials it was determined that assisted living and convalescent homes are the same therefore this would be allowed by special permit.
Atty. Cipriano noted that he was asked by the Building Commissioner to render a legal opinion regarding whether they are one in the same. There has been a significant delay in getting this done due to issues with Atty. Giannetti’s team. Atty. Cipriano cautioned him that if it is decided that they are not the same that a zoning change would be necessary.
Atty. Giannetti filed an article which would include assisted living and a definition of it in the zoning by-law. The warrant closed at the end of August and Atty. Giannetti is requested that they Board open the warrant to allow the inclusion of this article for the November Town Meeting.
Mr. Parent is against this as he does not want to set a precedent. Mr. Lucy agreed and stated he is not inclined to allow this either. Mr. Duplisea agreed as well.
Mr. Quinn stated that he does not have a problem with this.
On a motion by Mr. Quinn, seconded by Mr. Durant the Board voted 2-0-3 to open the November 2016 Town Meeting Warrant to allow for the inclusion of this article.
Selectmen to discuss and consider signing the November 21, 2016 Town Meeting Warrant.
On a motion by Mr. Durant, seconded by Mr. Parent the Board voted 5-0 to sponsor articles 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 for the November 2016 Special Town Meeting Warrant.
On a motion by Mr. Duplisea, seconded by Mr. Parent the Board voted 5-0 to sign the November 2016 Town Meeting Warrant.
Mr. Lucy stated the for the record that he does not believe that it is in the best interest of Town residential tax payers to pursue a single municipal contract with a single hauler for on street pick up of trash for all Town residents. This statement is in regards to the BP contract that was discussed at the Boards last meeting.
Mr. Lucy noted that in Mr. Moses absence Mr. Parent has been dealing with Eversource regarding the upcoming meeting on October 17th. He asked him if Eversource will be inviting all homeowners who live within 300 feet of the transmission line to the meeting at the Senior Center of October 17th. Mr. Parent stated that it is his understanding that Mr. Moses, through email, will notify all those who signed up to receive information not Eversource.
Mr. Lucy then asked if Eversource has agreed to take the MBTA option three off the table and if they intend to move the transmission line 1800 feet closer to Chestnut Street. Mr. Parent did not know.
Mr. Quinn requested that ITC look at the intersection of Giasson Street and Washington Street as there is no “No Turn on Red” sign at the light and this turn goes through the rail trail crosswalk.
- Correspondence to be Noted by Clerk:
On a motion by Mr. Quinn, seconded by Mr. Lucy the Board voted 5-0 to accept the correspondence.
Selectmen to meet in Executive Session to discuss Pending Litigation, and to seek advice of Counsel, where discussion in public may have a detrimental effect on the litigation position and commensurate litigation anticipated with the Chairman so declaring.
The Board voted by Roll Call 5-0 to meet in Executive Session to discuss Pending Litigation, and to seek advice of Counsel, where discussion in public may have a detrimental effect on the litigation position and commensurate litigation anticipated with the Chairman so declaring and not to return to public session.
On a motion by Mr. Lucy, seconded by Mr. Parent, the Board voted 5-0 to adjourn its meeting of September 26, 2016.
Document List – September 26, 2016
Document |
Location |
Public Session Minutes 09/12/16 |
BOS Office |
Appointments of Rosemary Best & Thomas Kenyon – Library |
BOS Office |
Appointments of Emily Caruso, Elaine Fortney, Rachel McComiskey and Kayla Avila – Library Pages |
BOS Office |
Memo designating Chief Burks as Acting Executive Assistant |
BOS Office |
Contract amendment MAPC to extend Town’s Hazard Mitigation Plan |
BOS Office |
Contract with Liquivision Technology |
BOS Office |
Contract with Collins Center for Non-Union Salary Survey |
BOS Office |
Contract with Boardman’s Animal Control |
BOS Office |
Notice of Recycling Award from Governor’s Office |
BOS Office |
Invitation from Cardinal’s Office for Special Mass |
BOS Office |
Invitation to Amigos de Santo Espirito gathering |
BOS Office |
DHCD correspondence regarding Blight Target Area |
BOS Office |
Information regarding Hudson Youth Substance Abuse Coalition 5K |
BOS Office |
Various accolades to volunteers for the Hudson 150th Parade |
BOS Office |
Email from Julia Nadler, Schuck Food Truck Co-owner |
BOS Office |
Early voting information from Town Clerk |
BOS Office |
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