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BOS Mintues 7-30-07

BOARD OF SELECTMEN
REGULAR MEETING MINUTES
JULY 30, 2007

Members Present
:        Veronica F. Beaulieu, Chairman
                                  J. Duncan Albert, Vice Chairman
                                  Steven J. Ouellette
                                  Robert P. Rebello
                                  Gary E. Mauk, Clerk

Also Present:                Michael Coughlin, Town Administrator
                                
Ms. Beaulieu called the Board of Selectmen meeting to order at 6:00 p.m. in the Westport
Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.

Susan A. Oliveira, COA Director RE: Appointments of Outreach Worker and Volunteer Coordinator

Ms. Oliveira, Andrea Lemos and Anne Marie Booth were present.  Ms. Oliveira introduced both applicants and recommended them for the positions.
Motion made by Mr. Mauk to appoint Andrea Lemos to the position of Outreach Worker.  Second by Mr. Rebello.  The Board voted unanimously in favor.
Motion made by Mr. Mauk to appoint Anne Marie Booth to the position of Volunteer Coordinator.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Verizon New England, Inc. and Massachusetts Electric Co RE: Continued Public Hearing for permission to locate poles, wires, cables and fixtures for one proposed pole location on Blossom Road (at/near Nancy Lane) in accordance with Verizon Plan No. 07-017 dated: June 8, 2007

Mr. Russ Robinson was present at the hearing.  Mr. Robinson stated that he worked with Sgt. Majewski and the abutting neighbor at 181 Blossom Road and all details have been ironed out.  No abutters were present for the hearing.
Motion made by Mr. Mauk to approve the request of Verizon New England, Inc. and Massachusetts Electric Co. to locate a pole and all necessary fixtures on Blossom Road (at/near Nancy Lane) according to Verizon Plan No. 07-017, per recommendation of Sgt. Majewski.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Alternative Energy Committee RE: Discussion regarding Wind Turbine
Mr. Dionne was present and presented to the Board of Selectmen a recent data sheet that was collected from the test tower for the Lees’ project, which is located across the street.  Mr. Dionne noted that the wind speeds were better than expected, cutting the payback period almost in half.  Mr. Dionne stated that once a contractor is in place, it would be the contractor who would apply for the grant.  Mr. Dionne stated that based on the prior bids, the Alternative Energy Committee is recommending Alternative Energy, LLC to be appointed.
Mr. Mauk stated that he is extremely opposed to this project at this time.  The bids are months old; and the readings are aggressive and don’t support the figures. Mr. Mauk stated that he did not support this and would not vote for this.  Mr. Mauk stated that he was against using taxpayer money from the Stabilization Fund.
Mr. Dionne stated that MTC refunds 90 percent of the grant, once the project is installed and after one year of observation, 10 percent is then reimbursed.  Mr. Dionne stated that all the monies can be deposited to the Stabilization Fund if the Board of Selectmen vote it so.
Mr. Rebello stated that he somewhat agrees with Mr. Mauk.  Mr. Rebello said that he was skeptical especially with the Fire Station coming up soon.
Mr. Coughlin stated that if the contract was awarded tonight, it would only allow the grant to be applied for; two or three months down the road, there will be more data and the Board could vote to go forward or to end it.  Mr. Coughlin advised that the Board go forward at this time.
Motion made by Mr. Ouellette to move forward to the next step and to award the contract of $63,400.00 to Alternative Energy, LLC.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-opposed (Mauk).

Rob Russell RE: Westport Agricultural Commission
No one appeared to discuss this item.

Jennifer Holske – Westport Land Trust RE: Self Help Grant Application

Ms. Holske stated that she was working with the CPC in obtaining developable land. Ms. Holske was asking for the Board of Selectmen’s support to pursue a Self-Help grant from the Massachusetts Executive Office of Energy & Environmental Affairs.  This grant would provide State funds to support the Town’s acquisition of a permanent conservation restriction on 28 acres of property located at 1500 Main Road.  Ms. Holske stated that the action requested tonight would be a vote to approve submission of the Self-Help grant application; a vote to authorize Michael Coughlin to be the official representative to the community in connection with the application; to endorse the application (CEO only) and one prepared letter; and to approve submission of the Commonwealth Capital Application.  
Motion made by Mr. Ouellette to move forward to apply for the grant and to follow the requested actions of Ms. Holske; all subject to the approval of the Community Preservation Committee.  Second by Mr. Mauk.  The Board voted unanimously in favor.
Motion made by Mr. Ouellette to authorize the Chairman to sign the documents.  Second by Mr. Mauk.  The Board voted unanimously in favor.

David Cole RE: Airboats
Mr. Cole stated that he was here last year on this matter and he was back again this year.  Mr. Cole presented a letter of research that was obtained from Joel Avila, Student Intern, Southern New England School of Law.  Mr. Cole summarized the letter as 1) The issues; 2) Analysis of Town’s Noise Bylaw; 3) Who regulates airboats; 4) The administration of the law; and 5) The recommendation of a bylaw similar to the one adopted by the Town of Falmouth.  Mr. Cole suggested that the Board of Selectmen review the material he brought tonight and the Town should follow or make similar to the bylaw that the Town of Falmouth follows.
Richard Earle, HarborMaster, stated that the airboat needed to be addressed as a water craft to be able to cover any issues.
Motion made by Mr. Mauk to support the request of Mr. Cole and to authorize the Town Administrator to comprise information for an article for Town Meeting regarding a bylaw.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Question and Answer Period

1) Ms. Eileen Sheehan asked why the letters from the HPC are not being read.
Ms. Beaulieu responded that as Chairman, it is her prerogative to determine what should be read and what will not be read.
There were a couple of questions regarding Beach Avenue access on the list but they will be addressed on the Town Administrator’s Report.

Consider
1) Fire Station Building Committee
A. Motion made by Mr. Albert to structure the Fire Station Building Committee as follows: 2 – Fire Dept. Members 1 – Police Dept. Member, 1 – Finance Committee Member, 1 – Board of Selectmen Member and 4 – At large members.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
B. Motion made by Mr. Mauk to appoint the following personnel to the Fire Station Building Committee for a 2 year appointment:  Fire Chief Brian Legendre, Deputy Fire Chief Sam Manley, Police Chief Keith Pelletier, Warren Messier (FinCom), Jack DeVeuve (At-large), Elizabeth A. Collins (At-large), Paul Schmid (At-large) and Veronica F. Beaulieu (BOS Rep).
Second by Mr. Rebello.  The Board voted unanimously in favor.
2) Cemetery Task Force
A. Motion made by Mr. Mauk to reconfigure the Cemetery Task Force as follows:  
1 – Board of Selectmen, 1 – Cemetery Foreman, 1 – Finance Committee member,
      1 – At large member, 1 – Town Treasurer, 1 – Community Preservation  
      Committee Representative and 1 – Board of Health Agent.  Second by Mr.
      Rebello.  The Board voted unanimously in favor.
B. Motion made by Mr. Mauk to appoint the following members to the Cemetery Task Force for a 2 year appointment:  Veronica F. Beaulieu, Westell G. Norman, Jr., Robert N. McCarthy, Jane Loos, George Foster and Jim Walsh.  Second by Mr. Rebello.  The Board voted unanimously in favor.
Ms. Beaulieu noted that in forming or restructuring committees with a representative, the representative should actually be a member of the committee or board that they are representing.
Mr. Ouellette stated that he had no problem with representatives being appointed by committees.
Mr. Mauk stated that there is a difference between a representative and an actual member.

Correspondence Requiring Action and/or Reading

1) Motion made by Mr. Ouellette to hold on this item until next meeting, pending a response being received from the Conservation Commission and the Fire Chief. Second by Mr. Rebello.  The Board voted unanimously in favor.
2) Motion made by Mr. Mauk to post six overdue water bills on the cable scroll, instead of placing an ad in the newspaper and to send letters to the individuals.  Second by Mr. Rebello.  The Board voted unanimously in favor.
3) No action was taken.
4) Ms. Beaulieu read a letter received from Norma Judson regarding handicapped accessibility in the Town of Westport.  Ms. Beaulieu stated that she has spoken with the Police Chief and the Building Department on this matter and a letter will be sent to all businesses for compliance or the businesses will face penalties; inspections will begin October 1st.  
Mr. Mauk felt that wording pertaining to this matter should be incorporated into the job description for the new Building Inspector.
5) Motion made by Mr. Ouellette to have Mr. Coughlin complete the form for the Department of Telecommunications and Cable.  Second by Mr. Rebello.  The Board voted unanimously in favor.
6) Motion made by Mr. Ouellette to forward to the Agricultural/Open Space Preservation Trust Fund Council the information regarding Coastal and Estuarine Land Conservation Program Requests for Responses Pre-Announcement.  Second by Mr. Albert.  The Board voted unanimously in favor.
7) Motion made by Mr. Mauk to issue a citation and a cover letter to Jacob Costa.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
8) Motion made by Mr. Mauk to accept with regrets the resignation letter of Michael McCarthy as the Emergency Management Director and to forward a letter of thanks.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
Motion made by Mr. Mauk to move all responsibility and duties of the Emergency Management to Fire Chief Brian Legendre and to make Fire Chief Legendre acting as Emergency Management Director.  Second by Mr. Rebello.  The Board voted unanimously in favor.
9) Motion made by Mr. Ouellette to approve a Resolution supporting Mass Recycles.  Second by Mr. Rebello.  The Board voted unanimously in favor.
A copy is to be forwarded to the School Department.
10) Motion made by Mr. Mauk to move the staffing of the Housing Partnership Committee as follows:  Elizabeth A. Collins – Housing Authority Member, J. Duncan Albert – Board of Selectmen Member, John Montano – Planning Board Member, Brian Corey – At large member and Sean Leach – Board of Health Member.  Second by Mr. Rebello.  The Board voted 3 in favor; 2-opposed (Ouellette, Albert).
Ms. Brenda Burke stated that she met with Mr. Coughlin on June 28th and a report was submitted.  Ms. Burke asked why her letter was not read.  Ms. Burke stated that she done everything by the book, has done everything that the Board of Selectmen has asked for, and yet this happens.  Ms. Burke stated that nothing against Mr. Corey, but why would you appoint someone who is sueing the Town.  Ms. Burke stated that she felt this was a travesty.
Ms. Susan Pedreira stated that the Board of Selectmen seems to be trying to dismantle volunteer boards.  Ms. Pedreira questioned where the evidence was as to why the members should be changed.
Ms. Roher stated that this is not about a committee but about affordable housing for the people in Town.
Mr. Brian Valcourt stated that the HPC has been working very well together.  Why change the makeup of this committee.  Mr. Valcourt stated that he was confused, and asked what the committee had done that was so wrong.  Mr. Valcourt stated that he may have missed 3 or 4 meetings in the past 3 years.  Mr. Valcourt stated that he has dedicated himself and has no intention of stopping.
Mr. Ouellette questioned why the Board of Selectmen would want to dissect this committee.
Mr. Coughlin stated that he did meet with Ms. Burke and Ms. Ostroff and recommendations were inconsistent with what the Board of Selectmen were seeking.  Mr. Coughlin said that the Board of Selectmen is the policy making board and the Board wants members of committees, not representatives of committees.  Mr. Coughlin also stated that he spoke with Mr. Sean Leach and explained that it should be an actual member and not just a representative of a committee; Mr. Leach did say that his time was short but he would be willing to serve.
Ms. Beaulieu stated that one thing which stands out is the minutes of the HPC meetings.   Ms. Beaulieu then read minutes from June 13th and June 20th in which the minutes made no sense at all.
Mr. Albert stated that the members of the HPC have overstepped their bounds.  There has been very little communications between the Board of Selectmen and the Housing Partnership Committee.
11) Motion made by Mr. Mauk to appoint Margaret Silva to the Town Building Committee.  Second by Mr. Rebello.  The Board voted unanimously in favor.
12) No action taken. Mr. Mauk congratulated the Sidewalk Committee on the work they have done.
13) Motion made by Mr. Ouellette to appoint Gary Foley to the position of Reserve Police Officer effective 8-12-07.  Second by Mr. Rebello.  The Board voted unanimously in favor.
14) Motion made by Mr. Mauk to hold on any action until their next meeting regarding Mr. Hudner on the Economic Development Task Force.  Second by Mr. Rebello.  The Board voted unanimously in favor.
15) Motion made by Mr. Mauk to keep Ronald Knapp’s letter requesting appointment to the River Dredging Committee on file for future use.  Second by Mr. Rebello.  The Board voted unanimously in favor.
16) Motion made by Mr. Albert to forward a complaint regarding a line of sight problem at Benoit Street and Sanford Road to the Safety Regulation Board regarding any recommendations that could be forwarded to the Board of Selectmen.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Town Administrator’s Report
1) Upcoming Meetings.
The schedule for the upcoming week was reviewed.
2) Issues & Actions.
A. Motion made by Mr. Mauk to approve an extension of contract with UMASS Dartmouth regarding the Massachusetts Estuaries Project.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
B. Motion made by Mr. Mauk to approve an extension of contract with STG Consultants regarding the FY ‘04 CDF Program.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
C. Motion made by Mr. Mauk to approve the lease purchase agreement of a Fire Department Ambulance between the Town of Westport and All American Investment Group, LLC.  Second by Mr. Rebello.  The Board voted unanimously in favor.
D. Motion made by Mr. Mauk to grant a storage license to Juan Caraballo, Caraballo’s Auto Storage, 851-D State Road.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-opposed (Ouellette).
E. Mr. Coughlin requested that the Board of Selectmen review the Building Inspector’s job description and review the changes that the Town Administrator is recommending.  Mr. Coughlin asked if the Board members could submit any input to his office before the description is sent to the Personnel Board.
F. Motion made by Mr. Ouellette to get recommendations from the Police and Fire Departments regarding Beach Avenue access and to have the Town Administrator research this matter for ownership, street acceptance, abutters to be discussed in two weeks from tonight at a Selectmen’s meeting.  Second by Mr. Rebello.  The Board voted unanimously in favor.  
Mr. Coughlin recommended the placement of a temporary gate with keys being provided to public safety personnel.

Other Issues:
1) Ms. Beaulieu stated to the other Board members that a packet of minutes has been received from Diane Pelland.  The packet contains minutes that Ms. Pelland has not proof read yet.  Ms. Beaulieu asked that the minutes are reviewed and they will be addressed at their next meeting.
2) Mr. Mauk stated that there were four articles in the newspaper.  One article was by Joe Laplante regarding Special Municipal Employee Status.  Mr. Mauk stated that the article was accurate and in the best interest of the Town.  
3) Mr. Ouellette asked whether Mr. Hudner should be asked to come back to the Economic Development Task Force.  Mr. Mauk stated that he had no problem with Mr. Hudner.  Mr. Ouellette stated that he would be talking with Mr. Hudner.

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 9:26 p.m.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Adjournment.

Respectfully submitted,


Diane Pelland, Confidential Clerk
to the Board of Selectmen


APPROVED:   Gary E. Mauk, Clerk












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