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BOS Minutes 04-23-07

BOARD OF SELECTMEN
REGULAR MEETING MINUTES
APRIL 23, 2007


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

Also Present:             Charlene R. Wood, Town Administrator
                                Michael Coughlin

Ms. Beaulieu called the Board of Selectmen meeting to order at 6:01 p.m. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.

Note:  Mr. Ouellette arrived at the meeting at 6:10 p.m.

Shellfish Warden Gary Sherman – Super Raffle
Mr. Sherman stated that the Shellfish Fund benefited by $6,100.00 attained from the fundraiser.
Mr. Coughlin pulled the winning names of the Super Raffle.  The balloon ride for two was won by Diane Pelland, the steamboat ride was won by Tyler (Westport resident) and a $100.00 gift certificate to Bittersweet Farm was won by Nancy LePage.

Richard Benevides RE: Request for appointment to the Water & Sewer Committee
Mr. Benevides was present.  Mr. Benevides stated that he is interested in serving on the Water & Sewer Committee and would like to make a difference in Town.
Motion made by Mr. Rebello to appoint Richard Benevides to the Water & Sewer Committee.  Second by Mr. Mauk.  The Board voted 4 in favor, 1-absent (Ouellette).

Capital Improvement Planning Committee RE: FY 2008 Recommendations
Attending were Jack Baughan, Tim Gillespie, John Faria and Jack McDermott.
Mr. Baughan explained the proposed $670,000.00 capital improvement projects and stated that it would cost $18.74 per year per taxpayer as a bond over five years.
Mr. Baughan explained the Police Department total was $275,000.00, the Highway Department total was $50,000.00, the Selectmen’s total was $25,000.00 and the School Department was looking for $320,000.00.   Mr. Baughan stated that in the past, the Committee has presented total sums, a breakdown of items and this year, they were presenting the totals in lump sums with the Department Heads speaking on each item.
Ms. Wood stated that capital items have to have a 5-year life span.
Motion made by Mr. Mauk to hold on any recommendations regarding the Capital Improvement Project requests until the Finance Committee gives their recommendations.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.

Anne Boxler & Anthony Cucchi RE: Town Farm Grand Opening – Liquor License Request – Town Farm Rules & Regulations.
Attending were Anne Boxler & Anthony Cucchi.  
Mr. Cucchi said that he was presenting the Rules & Regulations for Town Farm to the Board of Selectmen and also to announce a grand opening scheduled for Saturday, July 21, 2007.
Mr. Cucchi gave the Board of Selectmen a brief update as to what is happening on the property since entering into the license agreement with the Town for the 40-acre property.  The Trustees have taken the responsibility to manage the property and have cleared some of the stone walls of vegetation and the Highway Department has been to the property to help with trimming some of the trees.
Grand Opening:
Mr. Cucchi stated that there will be a ribbon-cutting ceremony, with the Board of Selectmen invited to attend and there will be tours of the property.  The Trustees of Reservations will be seeking a long-term agreement (at least 30 years); and the Trustees will be in the process of raising the necessary $1million to do this.
Barn Dance & Liquor License
Ms. Boxler, Westport Land Conservation Trust, was requesting that the annual Barn Dance be allowed to be held on the property, which would coincide with the grand opening.  Ms. Boxler said that usually 800 people attend the dance, it is a catered affair with dancing.  Ms. Boxler said that it is a beautiful night and having it held at the Town Farm would make people aware of the property and the land conservation.  Ms. Boxler said the Barn Dance was scheduled for Saturday, July 28, 2007.
Mr. Cucchi stated that he hoped the Board of Selectmen would support this event.  The Trustees of Reservations have enough insurance to cover this event and the management staff would provide assistance.  Mr. Cucchi said that the two fields across the road would provide the parking area.  Mr. Cucchi said that he will be walking the site with Deputy Chief Gifford for recommendations and will be hiring 4 police officers for the event.
Motion made by Mr. Mauk to approve the Barn Dance at Town Farm on July 28, 2007.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.
Liquor License Request
Mr. Cucchi stated that the Trustees have assumed all liability under the agreement with the Town.
Ms. Wood stated that according to the Town By-laws, it would be unlawful to have a one-day liquor license on Town property except where the functions were authorized by the Board of Selectmen.
Mr. Coughlin stated that if the Board of Selectmen authorize this, the lessee must be protected by getting insurance proof for liability to protect the Town.
Motion made by Mr. Albert to grant a one-day liquor license to the Westport Land Conservation Trust for a Barn Dance to be held at Town Farm on July 28, 2007 coinciding with the Town Farm’s Grand Opening and providing that proof of property liability insurance is submitted to the Town Administrator’s satisfaction.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.

Rules & Regulations
Amendments were made to the Rules & Regulations upon review as follows:

1. #2 shall become #5 and #5 shall become #2 with the addition of the wording “smoking prohibited in apartments and also according to agreement.”
Motion made by Mr. Rebello to approve the Rules & Regulations with amendments for the Town Farm.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.

Mr. Cucchi stated that a long-time goal would be to install a boardwalk that would not impact the wetlands.

Susan Oliveira – Council on Aging RE: Staff Appointments
Motion made by Mr. Rebello to appoint Phyllis A. Sandman to the position of Elder Visitor.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.

Motion made by Mr. Rebello to appoint Carol A. Borges to the position of Van Driver.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.

Ms. Oliviera stated that both positions would start at 100% wage rate due to the low wage position and the experience of both candidates.

Question & Answers Period
None.
Ms. Wood stated that she had an update regarding the dish at the Town Hall Annex.  Mr. Spain of Charter Communications said it would be another month to get contractors to install the dish.

Approval of Minutes
March 26, 2007
Motion made by Mr. Rebello to approve the minutes of March 26, 2007.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-abstention (Mauk).    

April 2, 2007
Motion made by Mr. Rebello to approve with amendments the minutes of April 2, 2007.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-abstention (Mauk).
Amendment: Page 1 - #2: change Special to Annual.

Street Light Removal – Milk Avenue
Motion made by Mr. Rebello to remove the second light on the fourth pole on Milk Avenue.  Second by Mr. Ouellette.   The Board Voted Unanimously in Favor.

Wedding Ceremony Request – Simcoe/Fortier
Motion made by Mr. Ouellette to approve the wedding ceremony request by Candice Fortier for use of the Cherry & Webb Beach.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.

Correspondence Requiring Action and/or Reading

1. It was noted that notification would be coming from the Planning Board regarding a vacancy created by Mr. Wayne Sunderland’s resignation.  Once it is received, a meeting between the Board of Selectmen and Planning Board must be set; the position must be advertised and  deadline dates set.
2. Motion made by Mr. Ouellette to appoint Patricia Kershaw to the Westport Citizen’s Betterment Committee.  Second by Mr. Albert.  The Board Voted Unanimously in Favor.
3. Motion made by Mr. Mauk to issue parking placards to the following persons in regards to the 2007 Piping Plover Monitoring:  Rebecca Cushing, Leif Baierl, Regina Purtell, Andy DeLong, Lauren Miller, Kevin Lamothe and one for the Sanctuary Truck and that an RDA will be filed after the season.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.
4. Motion made by Mr. Mauk to issue parking placards to the following persons in regards to the 2007 Osprey Monitoring Project of the Westport River and Allens Pond: Andy DeLong, Rebecca Cushing, Leif Baierl, Regina Purtell, Lauren Miller, Kevin Lamothe and one for the Sanctuary Truck and that an RDA will be filed after the season.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.
5. The letter regarding 2007 Municipal Mini-Grants will be taken under advisement.
6. Motion made by Mr. Ouellette to allow a 60-day extension from April 23, 2007 for the clean up of property located at 39 Bower Avenue; and a police report to follow after the extension period. Second by Mr. Rebello. The Board Voted Unanimously in Favor.
7. Motion made by Mr. Ouellette to approve the 4th Annual Run/Walk event which is planned for May 12, 2007 and hosted by the Westport Fishermen’s Association Board of Directors, with the Police Department being made aware.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.
8. Motion made by Mr. Mauk to send a memo to the Conservation Commission/Soil Board asking what their proposal is on handling this matter at 111 Main Road. Second by Mr. Albert.  The Board Voted Unanimously in Favor.

Town Administrator’s Report
Meetings & Miscellaneous Events
Ms. Wood received the upcoming week of meetings and events.

Various Projects/Issues

A. This matter was taken under advisement pending questions being put together by Mr. Mauk.
B. Motion made by Mr. Rebello to amend the Scope of Services of the contract with Alpha Contracting Associates, Inc. for the change order request but no change in price.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.
C. No action was taken on this matter.  Ms. Beaulieu questioned if any minutes had been received from the Alternative Energy Committee.
D. Motion made by Mr. Ouellette to award the Benchmark #5 to Edward Ryerson in the amount of $4,980.00.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.
E. A meeting for Monday, April 30, 2007 at 5:00 p.m. at Town Hall and to include the Board of Health, Conservation Commission, Highway Department, Emergency Management, Building Department and Beach Committee regarding East Beach.
F. No action taken.
G. No action taken.
H. This item is for informational only.
I. Ms. Wood stated that she has received an email from Steve Fors, Town Moderator regarding the Annual Town Meeting and has given copies to the Board of Selectmen.
J. Ms. Beaulieu requested a list of the committees, which indicates who are on the committees.
K. Motion made by Mr. Rebello to appoint Gary Mauk to the Buzzards Bay Action Committee as an alternate.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.
L. Motion made by Mr. Mauk to appoint Robert Rebello to the Water & Sewer Committee.  Second by Mr. Ouellette.  The Board Voted Unanimously in Favor.
M. Ms. Wood stated that DHCD has approved the additional funding for housing.
Motion made by Mr. Ouellette to extend the contract with GLC for the HPC consultant until June 30, 2007.  Second by Mr. Albert.  The Board Voted Unanimously in Favor.

Other Issues
1. Mr. Ouellette stated that for Town Meeting, the Economic Development Task Force would be submitting a basic chart explaining where the $20,000.00 requested funds would be spent.
2. Mr. Ouellette asked if a follow-up could be done regarding the offensive sign and junk on property located on Old County Road.  
3. Mr. Rebello asked if any information had been received from Attorney David Jenkins regarding the Conservation Commission matter.  Ms. Wood stated no information had been received.  Mr. Rebello asked if Ms. Wood would contact Attorney Jenkins and have some information for next meeting.
4. Mr. Mauk reviewed material that was placed in his mail receptacle in the office, just in case there was something that needed his immediate attention.  Mr. Mauk said that he would rather check with the other members until he is familiar with the paperwork.
5. Mr. Mauk questioned whether the Police Chief and Sgt. Majewski have been instructed on the matter of Attorney Beauregard’s letter regarding Petty Lane.  Mr. Mauk asked if this matter should be turned over to the Attorney’s Offices and should Town Counsel give an opinion on this.
Ms. Beaulieu stated that this case is in litigation and going to court on Friday.  Ms. Beaulieu felt that the Board of Selectmen should not comment on this matter until next meeting to see what happens in court.
Motion made by Mr. Mauk that the Town Administrator notify the Police Chief and Sgt. Majewski not to respond to Attorney Beauregard’s letter.  The Board voted 4 in favor, 1-opposed (Ouellette).
6. Ms. Beaulieu noted a couple of items.    
A. Any correspondence with the Board of Selectmen noted on it, the Selectmen should be made aware of.
B. The Selectmen should be made aware of any complaints.
7. Ms. Beaulieu stated she received a call from Paul Schmidt and the Board of Selectmen were criticized on a couple of articles.  One being, that the article for sick-leave buyout not be recommended.  Two, the educational component part should not be recommended.  Ms. Beaulieu explained these items to Mr. Schmidt.  Ms. Beaulieu also was asked if the Board would be meeting with the Building Inspector and supporting the Inspector position going from part-time to full-time.
8. Ms. Beaulieu also noted that FY ’07 Reserve Funds could not be used for FY ’08.  As far as repairs, they can be done only under emergency situations, but Capital Improvement projects should be reduced.  Ms. Beaulieu stated that there are funds set aside in the Reserve Account that can be used if this doesn’t go to ballot.  Ms. Beaulieu stated that the Stabilization Account should not be touched, she is totally against the way the Finance Committee is doing this.  The account is somewhere around $450,000.00 in reserves.  Ms. Beaulieu asked the Board of Selectmen members how they wanted her to approach this matter.  Ms. Wood stated that the Finance Committee thought that they could take so much out of different accounts in the case that this does not pass the ballot, in order to cover the safety issues.  Ms. Newcomer stated that she has heard the Finance Committee’s presentation and it was a well-thought out plan for the future.
9. Ms. Beaulieu asked if the Board members would like to discuss Ms. Wood’s leaving date.  Ms. Beaulieu stated that Mr. Coughlin would be full-time as of April 30, 2007 and she wanted to know if there was going to have to be a transfer of money.  Ms. Wood stated that she has 6 weeks of vacation on the books and her vacation buyback is at 100%.  Ms. Beaulieu asked for an answer by next Monday.

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 9:23 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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