Westport News

Members present:        Steven J. Ouellette, Chairman  
                                  Veronica F. Beaulieu
                                  J. Duncan Albert
                                  Robert P. Rebello, Clerk

Absent:                       David P. Dionne, Vice Chairman  

Also present:            Charlene R. Wood, Town Administrator

Chairman Ouellette called the Board of Selectmen meeting to order at 6:30 p.m. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance.

Mr. Ouellette asked for a “Moment of Silence” to be observed for the passing of Mr. Carlton Lees, who was a former Selectmen, former Town Moderator, former Town Counsel and served on numerous boards and committees.

David St. Germain – RE: Statement of Support for the Guard and Reserve
Mr. St. Germain gave a brief overview of his organization, which supports the National Guard and Reservists.
Motion made by Ms. Beaulieu to approve and sign a Statement of Support for the National Guard and Reservists who are serving the country.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).

Mr. Sutter was unavailable for this introductory visit due to an emergency meeting in Fall River.  This item will be rescheduled.

The public hearing was opened at 7:00 p.m. Present were Mr. Koff and Ms. Karen Sobol.  Mr. Koff stated that this hearing was being held because the Town of Westport was applying for the FY ’07 Community Development Block Grant to continue the ongoing housing rehabilitation program for low and moderate-income homeowners, including the elderly.  Another purpose of this hearing was to hear comments from past participants and to involve new participants.  The program has been very beneficial to homeowners.  
Ms. Nelia Williams explained that the grant helps to rehab homes and helps elderly residents to stay in their homes for as long as possible.  
Ms Wood stated that since its inception in 1984, close to 80 homeowners have been helped.
Following the overview, Ms. Sobol reviewed the Housing Rehabilitation Program Structure and other Program Support.  Ms. Sobol stated that a target area needed to be identified and a community development strategy needed to be developed.  According to DHCD, 20% of the funding can be used outside of the target area.  The strategy, which needs to be integrated with the target area covers water and sewer, economic development, housing and water resources.  Ms. Sobol stated that the Town has appointed a Housing Rehab Committee and there is a waiting list of homeowners for this program.  The process that needs to be followed is that an application is completed, a new application is needed for those re-applying and advertising is done for new applicants.  All applicants must live within the target area, have income eligibility and will be placed on a level of availability.  Funding goes to the highest priority.  
Ms. Williams noted that applicants are available for only 6 months on the waiting list.  Basically, only 20 houses are done per year.  All grant applications are due by 2-16-07 and about 2 to 3 months after the application, an answer is received as to whether the application is approved.  Ms. Williams stated that if there is an emergency, the Town does have Recapture Funds.  Ms. Williams said that there are other funds for septic repair such as the Betterment Fund (Town), USDA (State) and Lafayette Bank offers loans.

The public hearing was opened at 7:30 p.m. with Mr. Ouellette reading the public hearing notice and abutters list aloud.  Present for the hearing was Donna Rosa from N Star.
Ms. Rosa stated that she has spoken with Mr. George Lillie, 138 Meadowbrook Lane and will be working closely with him regarding the work that will be taking place near his lawn sprinkler system.  Ms. Rosa stated that the resident, Mr. Carmichael at 525 Main Road wants to remove a private pole line and go under ground.
Motion made by Mr. Rebello to approve the petition request of N Star/Commonwealth Electric Co. for two – 4 inch conduits according to Plan No. 6656, dated: December 11, 2006 on or near Meadowbrook Lane, north of Granite Post Road.  Second by Mr. Albert.  The Board voted 4 in favor; 1-absent (Dionne).
The hearing was closed at 7:40 p.m.

Mr. Keith Novo and Mr. John Miller were present for this update.  Mr. Novo gave an update of the equipment that has been installed to date and an explanation of recommended enhancements that should be done to the Town Network.
Mr. Miller stated that having GIS in place would be a good thing to have over the next year.  At this time, Ms. Pat Stetson of the Building Department is looking into what other Towns are using for a system.  Also, with a GIS system, the Assessor’s Office would be able to used by the public.
Motion made by Ms. Beaulieu to support the enhancements and the request by Mr. Novo to purchase new equipment for Data Processing for the Town.  Second by Mr. Rebello. The Board voted 4 in favor; 1-absent (Dionne).

Motion made by Ms. Beaulieu to approve the Data Processing Budget at $ 90,500.00.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).

The public hearing was opened at 8:09 p.m. with Mr. Ouellette reading the public hearing notice and abutters list aloud.  Present was Mr. Jeffrey Dias.
Mr. Dias noted that he has been at this location since 1990.
Motion made by Ms. Beaulieu to approve a Repair License for Pine Hill Auto, Inc. at 929 Pine Hill Road.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).
The hearing was closed at 8:11 p.m.

The public hearing was opened at 8:15 p.m. with Mr. Ouellette reading the public hearing notice and abutters list aloud.  Present was Mr. Louis Bourassa.
Mr. Bourassa stated that the owner of the property has fenced off the wetland area so that vehicles will not be anywhere near the area.  Mr. Bourassa will only be doing repairs.
The Board stated that they would strike parking spaces # 41 through 57 that are shown on the plan and will max out the vehicle limit to 40.
Motion made by Mr. Rebello to approve a Repair License for Louis Bourassa, Pine Hill Service Station, 1018-C State Road with a vehicle limit of 40 vehicles, with “No Painting Allowed”.  Second by Ms. Beaulieu.  The Board voted 4 in favor; 1-absent (Dionne).
Mr. Ouellette asked that Ms. Wood contact the Zoning Enforcement Officer and request that the buildings located at 1018 State Road be lettered to identify them.
The hearing was closed at 8:25 p.m.

Question and Answer Period
None.

1) Motion made by Mr. Rebello to appoint Paul Schmid to the Public Safety Building Committee.  Second by Ms. Beaulieu.  The Board voted 4 in favor; 1-absent (Dionne).
2) Motion made by Ms. Beaulieu to accept the anonymous donation to the Council on Aging for a new Grant Award; and to acknowledge the donor with a letter of thanks.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).
3) This item will be addressed following an onsite visit to look at the actual issues.  All boards will be invited to attend.
4) A letter received from the Town of Kingston, MA Board of Selectmen’s Office will be taken under advisement.  The letter concerned support of statutory obligations of liquor licensees.
5) A copy of a letter received from Sue Borrows, 301 Reed Road regarding a 4-way stop at the intersection of Beeden and Reed Roads will be forwarded to the Police Department for any recommendations.
6) Ms. Wood stated that she has spoken with Mr. Jack Sisson of the Highway Department regarding the work that has been done at or near 1950 Drift Road, and Mr. Sisson said that a lot of work has been done in this area in order to help Anne Burkholder with this water problem.  Mr. Ouellette requested that Mr. Sisson put into writing a list of the work that has been performed and to submit it to the Selectmen’s Office.
7) Mr. Albert stated that he believed that there was a license extension to the year 2010 that was agreed upon with Charter Communications regarding the license.  Ms. Wood stated that she has found the extension to 2008 but will check with Charter Communications for a copy of the 2010 extension and forward it to the Department of Telecommunications and Energy Cable Television Division regarding the License Expiration Notice.
8) Motion made by Mr. Albert to approve the Education Reimbursement to Ms. Linda Cunha, Library, in the amount of $350.00.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).
9) A request received from Richard Earle, Harbormaster, regarding issues that should be addressed at the Hix Bridge Boat Ramp, before Memorial Day, 2007 will be forwarded to the Police Department for any recommendations.

1) Meeting Notices and Cancellations were reviewed.
2) A.  Motion made by Mr. Albert to change the wording of the Agreement between the   
Town of Westport and Massachusetts Audubon Society for the Monitoring and Management Plan for Piping Plovers and other Federal or State-listed Species of Birds and Beetles to properly reflect the actual monitoring area that the Town will be responsible for.  Second by Ms. Beaulieu.  The Board voted 4 in favor; 1-absent (Dionne).
C. Motion made by Ms. Beaulieu to approve the Capital Improvement Projects schedule as follows: FY 08 – 2 computer servers ($40,000.00) / Town Hall & Annex Building/Equipment Repairs ($25,000.00)  FY 09 – Town Hall Annex Emergency Generator ($40,000.00) / Computer Firewall ($25,000.00)  FY 10 – Town Hall Annex Alarm System ($50,000.00) / Computer Equipment ($20,000.00).  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).
3) A.  Motion made by Mr. Rebello to appoint Elaine Ostroff for one year to the
Regional Transit Authority Advisory Board as a disable commuter representative for the Town.  Second by Ms. Beaulieu.  The Board voted 4 in favor; 1-absent (Dionne).
B. Motion made by Mr. Rebello to approve the name change of the Westport Arts Council to the Westport Cultural Council.  Second by Ms. Beaulieu.  The Board voted 4 in favor; 1-absent (Dionne).
E. Copies of applications to the Town Administrator position are to be made for the board members and email any applications that are repeats from the first round.
F. Motion made by Ms. Beaulieu to approve a vacation request from Ms. Wood for the week of February 12th.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).

1) Ms. Beaulieu stated that she has spoken with Mr. Mike Gagne and there is hope that something can be done with the Town of Dartmouth concerning water supply.  Ms. Beaulieu asked if the Board was willing to put something together in order to pursue this matter and also, should Mr. Dionne continue with this matter seeing as he will be leaving in April.  Ms. Beaulieu stated that she is only asking out of concern for continuity in this project.  Ms. Beaulieu also said that they should stay with the request for water from the Lincoln Park project to the Perry Property, which was the original proposal.  
Mr. Albert stated that it is essential to get this project off the ground for the Perry Property.
Mr. Ouellette stated that this should be discussed at their next meeting on Thursday, 1-25-07, in order for Mr. Dionne to make a decision for himself, as to whether he wishes to remain on this project.
2) Ms. Beaulieu stated that is speaking with area Selectmen, there are new funds available from MEMA.
Ms. Wood stated that Fire Chief Legendre has applied for NIMS Training reimbursement through Homeland Security.  Without this training, there will be no big grant money available.  The Chief has applied for $12,000.00.  Most of the training is done on the computer.
3) Mr. Rebello made a statement (see attached) and the following motion (see attached):
Motion made by Mr. Rebello that this board initiates action on Conservation Commission conduct.  The above referenced actions file and complaint letters, be furnished to the Conservation Commission for their comments, explanations, and what steps will be taken to prevent future repetition of such events, all of them.  That within two weeks of the January 25, 2007 meeting with the Conservation Commission, this Board receives replies in writing regarding the forward mentioned.  This list will also be furnished to Town Counsel along with some sample videodisks of Conservation Commission meetings.  Town Counsel will provide applicable comments about possible violations of state ethics laws, malfeasance, violations of the Open Meeting Laws, abuse of power, recommendations related to termination of appointments, or other applicable issues.  That Town Counsel replies to this Board, within two weeks of the January 25 meeting, unless this Board approves more time at Town Counsel’s request.  After which the Board will take appropriate action.  Special note: some complaint letters to be supplied separately, not released to the public at this time, pending Town Counsel’s advice.  Second by Ms. Beaulieu.  

Discussion:  Mr. Ouellette asked if the response was to be within two weeks.  
Ms. Beaulieu clarified whether the response was within two weeks after the discussion, which will be held on 1-25-07.  
Mr. Ouellette stated that he would rather meet on Thursday to discuss the various matters.  How could legal give a comment?  
Ms. Beaulieu stated that she would agree to a response within two weeks after the Thursday meeting and that the response be in writing.
Mr. Rebello then amended his motion to include that the response be made in writing.
Ms. Beaulieu agreed with the amended motion.
The Board voted 3 in favor; 1-opposed (Ouellette), 1-absent (Dionne).

Motion made by Mr. Rebello (also attached) that this Board initiates a legal investigation of the Agent’s conduct.  The above referenced list is to be furnished to the Agent and Town Counsel.  Town Counsel will provide applicable comments after review of the list, available complaint letters, Agent’s personnel file, further investigation if warranted, and other material he may deem necessary.  Town Counsel will also provide instructions on what steps need to be taken to terminate the agent, if, in Town Counsel’s opinion, this action is warranted.  That Town Counsel reply to this Board, in writing, within two weeks, following the BOS meeting scheduled for January 25, 2007, unless this Board approves more time at Town Counsel’s request.  Town Counsel will include comments about possible violations of state ethics laws, malfeasance, abuse of power, or other applicable issues.  Town Counsel will also advise when the complaint letters can be released to the public.  That whatever Town Counsel’s recommended actions be, this Board’s consideration will be placed on our agenda, in the legally permitted time frame.  After which the Board will take appropriate action.  Special note: Agent’s personnel file and available complaint letters to be supplied separately, not released to the public at this time pending Town Counsel’s advice.  No second was received.
Note:  Any discussion was limited without stating the Agent’s name.

Motion made by Ms. Beaulieu to adjourn the Board of Selectmen’s meeting at 8:40 p.m.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-absent (Dionne).

Adjournment.

Respectfully submitted,
Diane Pelland, Confidential Clerk
to the Board of Selectmen

 APPROVED:   Robert P. Rebello, Clerk