Westport News

Open the Meeting:

Chairwoman Veronica Beaulieu opened the meeting at 6:00 p.m.  Also present were Selectpersons Steven Ouellette, Duncan Albert, Robert Rebello and Gary Mauk and Town Administrator Michael Coughlin.

The following are the actions and discussions made by the Board during this meeting.


Correspondence Requiring Action (See Attached):

1).    On a motion by Selectman Mauk, which was seconded by Selectman Ouellette, the Board voted unanimously to approve the request to consider naming the Shellfish/Harbormaster office after Albert Palmer subject to the Board of Selectmen approving the design of the commemorative plaque.


Sam Sutter - District Attorney RE: Introduction:

Mr. Sutter thanked the Board of Selectmen for inviting him to the meeting and also thanked the Town of Westport for giving him a 600-vote plurality in the District Attorney race.  He stated that the District Attorney’s office handles 25,000 to 30,000 cases a year and one of their main functions are investigating, indicting and prosecuting all murder cases in Bristol County.  He noted that the District Attorney sets policy and has to make sure that the policies are implemented.  Attorney Sutter reported that he would personally be handling between 5 and 10 cases per year.  He also said that he was in charge of personnel and overseeing a $7 million budget.  He then reviewed his top ten issues, which included: 1) gun violence, sentencing, minimum; 2) protect children and seniors better; 3) unsolved murders; 4) no plea bargaining for anything over 100 grams; 5) fractured partnership with police throughout the county; 6) openness with the public; 7) available to the media; 8) managing budget differently; 9) community affairs; and 10) one set of rules (no special treatment).


Whaling City Transit, Inc., Robert Neves, President RE: Public Hearing for an Application Request for A Repair License to be Located at 92 Sanford Road:

The public hearing opened at 6:32 p.m. with the legal notice and abutter’s list being read.  Present was the applicant, Robert Neves.  No abutters were in attendance Chairwoman Beaulieu noted that when Mr. Neves appeared before the Board previously, he had no intention of doing repairs.  Mr. Neves responded that he had changed his mind because sometimes his mechanics have nothing to do so he was looking to give them work.  Mr. Neves requested approval of a Repair License so his mechanics can do repairs (mostly oil changes) for his employees and some outside customers.  Selectman Ouellette questioned if he had an oil separator tank.  Mr. Neves replied that he had one installed in the garage.  Selectman Mauk asked if he would have a problem if the license was modified to read employees only.  Mr. Neves answered that it would not be his primary business and he felt that it would only be 2 or 3 vehicles in addition.  Selectman Albert made a motion to approve the Repair License with a maximum limit of 5 additional vehicles over and above Mr. Neves’ and his employees’ vehicles with the hours of business being 7:00 a.m. to 4:30 p.m.  The motion was seconded by Selectman Rebello and was approved with Selectmen Albert, Rebello and Mauk voting yes and Selectpersons Beaulieu and Ouellette voting no.  The hearing was closed at 6:45 p.m.


Norwest Auto Sales, Inc., Wayne M. Medeiros, President RE: Continued Public Hearing for a Transfer of a Class II License to be Located at 937 State Road:

The continued hearing opened at 6:46 p.m.  Present was the applicant Wayne Medeiros.  He gave the Board a copy of a document regarding the transfer in stock ownership.  There was some discussion concerning the confusion of ownership, the stock transfer, the corporation changes and the fact that the license went through a lot of hands without approval from the Board of Selectmen.  Mr. Coughlin suggested that the applicant come back before the Board of Selectmen without his own attorney present to answer their questions so the matter could be resolved.  Selectman Mauk made a motion to revoke the license currently listed at 937 State Road and surrender it to the office until the other issues get straightened out.  The motion was seconded by Selectman Rebello and was approved with Selectpersons Beaulieu, Albert, Rebello and Mauk voting yes and Selectman Ouellette voting no.  Selectman Rebello made a motion to continue the hearing until 6/14/07 at 6:30 p.m.  The motion, which was seconded by Selectman Ouellette, was unanimously voted.  The hearing was closed at 7:01 p.m.


Sidewalk Committee RE: Update:

Meeting with the Selectmen were Sidewalk Committee members Elaine Ostroff, David Wallace and John Faria and Steve Giossa, President of Sitec and project manager for the project.  They gave an update of the first phase of the work completed by Sitec for the layout of Main Road.  It was reported that the existing boundaries seem sufficient for the road and the sidewalks if built.  Mr. Giossa reviewed the work done to date including aerial photographs taken and research done at the Registry of Deeds identifying existing layouts and property boundaries from Perry’s Bakery to Kirby Road.  Mr. Faria told the Board that research revealed that Main Road was accepted in the 1930’s and belongs to the Town, which will make it easier to lay out sidewalks.  It was mentioned that the next step would be to hold public hearings and get input from the abutters.

Alternative Energy Committee:

Present were Alternative Energy Committee members David Dionne, Lucy Keefe, Susan Pedreira, Kathleen Cummings and Bob Kowalczyk, Dennis Keefe and Steve Pitney, owner of Alternative Energy, LLC (the low bidder for the Wind Turbine RFP).  Mr. Dionne gave the Board of Selectman a packet, which had answers to questions they had at their previous meeting.  Selectman Mauk requested a copy of the Wind Turbine RFP and the bids received.  Mr. Dionne went over what was proposed regarding the installation of a wind turbine in the rear of the Town Hall.  Mr. Mauk said that he had some problems with the figures in Mr. Dionne’s letter.  He also had questions regarding the green credits.  Mr. Pitney responded that 6¢ a kilowatt-hour was the going rate for the next three years.  He noted that the green credits are based on the production of the wind turbine.  Selectman Mauk asked what was required for approval by the electrical company.  Mr. Pitney replied that approval was pretty much routine as long as the safety standards are met.  Selectman Mauk requested a copy of the Massachusetts Technology Collaborative (MTC) minimum requirements.  Mr. Pitney noted that after the five-year warranty concluded the Town would be looking at a service contract.  Chairwoman Beaulieu asked if the turning of the propellers or noise generator would interfere with the transmission of the two communication towers on the property.  Mr. Pitney answered that it was a brushless design so sparks would not be created and there would be no distortion and it would not interfere with any transmissions.  Chairwoman Beaulieu questioned if they were aware of any communities that had received MTC grant rebates.  Mr. Dionne responded in the affirmative and told the Board that he had spoken with an MTC representative who said that if the paperwork was filled out properly and submitted in a timely fashion, the Town should expect a check in 20 days.  Mr. Dionne noted that he did not expect to sign a contract with Alternative Energy until the Town gets approval from the MTC for the grant.  He said that the gentleman from the MTC had told him that they would approve it if the Board of Selectmen sent a notice of intent to sign a contract.  Mr. Coughlin stated that the MTC prefers a contract rather than a notice of intent.  Chairwoman Beaulieu said that the Board would like to review the submissions and RFP before making a decision to go forward.  Mr. Dionne replied that the Alternative Energy Committee was looking for some kind of commitment.  Chairwoman Beaulieu noted that since the application would not be going in until July there was time for the Board of Selectmen to review the bids and RFP.  Selectman Ouellette said that he wanted to send a letter to the MTC informing them that the Town intends to act upon the grant application.  After more discussion on the matter, Mr. Coughlin suggested the following steps:  1) The Town Administrator can put the MTC on notice that the Town of Westport will be submitting an application in the near future; 2) The Board of Selectmen, at their leisure, can review the RFP and documents and the Town Administrator and Town Counsel will work on a contract; 3) Then if the Selectmen so choose they can sign the contract at a future meeting.  Selectman Ouellette made a motion to do the steps as stated.  Selectman Albert seconded the motion.  The vote was Selectpersons Beaulieu, Ouellette, Albert and Rebello yes and Selectman Mauk no.


Question & Answer Period:

1).    Betty Slade – Ms. Slade mentioned that the Historical Commission also needed to approve the commemorative plaque for Ab Palmer.
2).    George Cataldo – Mr. Cataldo publicly thanked Jack Sisson and the Highway Department for spreading the wood chips at the playground.


Correspondence Requiring Action Continued:

2).    It was agreed that the Board of Selectmen would meet jointly with the Planning Board on 6/4/07 to make the appointment to fill the vacancy on the Planning Board.

3).    The Board requested that Mr. Coughlin work on setting up a procedure that all boards can use regarding non-criminal disposition violations.

4).    The Board agreed to hold off on Mr. Rego’s request for appointment to the Westport Economic Development Task Force until after that committee meets.

5).    Selectman Ouellette made a motion that the Board place an ad in The Chronicle congratulating the Westport High School 2007 Graduating Class.  The motion was seconded by Selectman Rebello and was unanimously approved.

6).    Selectman Ouellette made a motion to approve Sergeant Majewski’s report regarding the painting of fog lines on Main Road.  The motion, which was seconded by Selectman Rebello, was approved with Selectpersons Beaulieu, Ouellette, Rebello and Mauk voting yes and Selectmen Albert not present for the vote.

7).    On a motion by Selectman Ouellette, which was seconded by Selectman Rebello, the Board voted unanimously to allow the Chair to discuss with Assistant Principal Robert Wood his request regarding a community service project involving high school students and approve it as long as everything is covered with the Highway Surveyor.

8).    Chairwoman Beaulieu read the request from William J. Burns to be appointed to the Conservation Commission.  Selectman Rebello stated that before the Board acted on Mr. Burns request, he would like to make a motion because of what’s come to light recently.  He then made a motion to dissolve the Conservation Commission, as it currently exists.  The motion was seconded by Selectman Albert.  Selectman Ouellette questioned who would be handling all the Conservation issues.  Chairwoman Beaulieu replied that it would be handled by the Board of Selectmen.  Selectman Ouellette noted that he was strongly against it.  Elaine Ostroff asked if it was an appropriate action for the correspondence before the Selectmen.  Chairwoman Beaulieu questioned Mr. Coughlin whether the Board could entertain a motion at that point for that reason.  Mr. Coughlin answered that they could move on the general nature of it but dissolving the Conservation Commission is more appointment oriented.  He asked if it was their intent to revoke the present appointments on the basis of that letter.  Chairwoman Beaulieu replied negatively and stated that the Board was not acting on that letter to her understanding.  That particular letter has not had any action taken on it at that point.  The motion was made that they dissolve the Conservation Commission at this point and it was just that they were discussing the Conservation Commission after that.  She asked if the Selectmen were in their realm to make a motion of that type at this point.  Mr. Coughlin replied that he though that they could not legally dissolve the Conservation Commission as an entity.  Selectman Mauk responded that Selectman Rebello did not say that.  He moved to dissolve the Conservation Commission.  Selectman Mauk said he took it as they know it.  He didn’t say to do away with the Conservation Commission.  Selectman Mauk continued by saying that there was a motion and a second and it was time to vote.  The vote was Selectpersons Beaulieu, Albert, Rebello and Mauk yes and Selectman Ouellette no.  Selectman Rebello then made a motion that the Board of Selectmen reconstitute a new five (5) member Conservation Commission, that interested parties submit a letter of intent to the Board of Selectmen’s office by 5/28/07 for consideration to the new Conservation Commission and in that they will place Mr. Burns’ letter for consideration at the time of appointments.  Selectman Albert seconded the motion on the condition that they set a time for making the appointments.  Selectman Rebello amended his motion to include that a new five member Commission will be appointed at the next regular Selectmen’s meeting scheduled for 6/4/07.  Selectman Albert seconded the amended motion.  The vote was Selectpersons Beaulieu, Albert, Rebello and Mauk yes and Selectman Ouellette no.  Selectman Mauk made a motion that the Board of Selectmen appoint the Vice-Chairman, Duncan Albert, as their agent with respect to the Conservation Commission activities, to act on their part without further approval until such time that the Board of Selectmen empanel a new five member board.   Selectman Rebello seconded the motion.  Mr. Coughlin clarified the motion by explaining that by vote of the Board for this two-week period until the new Conservation Commission is appointed, the Board of Selectmen will act as the Conservation Commission and further that Selectman Albert will act as the Board of Selectmen’s agent.  Ann Chandanais noted that the Board of Selectmen was advertising for people to apply for the Conservation Commission and asked if some of the members that were currently on the Commission could apply.  Chairwoman Beaulieu responded that anyone who was currently serving or has interest in serving on that board were welcome to send a letter of application.  The vote was Selectpersons Beaulieu, Rebello and Mauk yes, Selectman Ouellette no and Selectman Albert abstaining.

10).    Selectman Mauk made a motion authorizing Selectman Albert to work with Mr. Coughlin to draft a letter opposing Verizon’s legislation to preempt local government’s ability to negotiate the licensing of new and incumbent cable providers.  Selectman Rebello seconded the motion, which was voted unanimously.

11).    The Board agreed to place on file until they do appointments Christopher Gillespie’s request to be appointed to the Community Preservation Committee.

12).    Selectman Albert made a motion to accept Sergeant Majewski’s recommendation and deny a request for the installation of a handicap sign on Briggs Road.  The motion was seconded by Selectman Mauk and was voted unanimously.

13).    The Selectpersons agreed to place on file until they do appointments Carole Vidal’s request to be appointment to the Westport Cultural Council.

14).    Selectman Ouellette made a motion to appoint Jenna St. Martin as Head Lifeguard.  Selectman Rebello seconded the motion – voted unanimously.  On a motion by Selectman Mauk, which was seconded by Selectman Rebello, the Board unanimously approved authorizing the transfer of the old shellfish truck to the lifeguards when it becomes available and forwarding the surveillance issue and the locking of the Cherry & Webb Beach parking lot gate duties to the Police Department.

15).    Selectman Albert made a motion to appoint Lee Tripp as the Westport Land Trust’s representative to the Agricultural/Open Space Preservation Trust Fund Council with an expiration date of 6/30/07.  The motion, which was seconded by Selectman Mauk, was unanimously approved.

16).    Selectman Mauk made a motion to send a letter to William Wyatt thanking him for his service on the Historical Commission and the Community Preservation Commission.  Selectman Rebello seconded the motion – voted unanimously.

17).    Selectman Mauk made a motion to approve the Council on Aging’s Formula Grant and to authorize Chairwoman Beaulieu to sign it.  The motion was seconded by Selectman Ouellette and was unanimously approved.

18).    Selectman Mauk made a motion to take the Shellfish Advisory’s request under advisory regarding changing the wording on the Commercial Fisherman’s License and to have Mr. Coughlin clarify and give the Board a copy of exactly what was being changed and the Board will revisit it at their next meeting.  Selectman Rebello seconded the motion, which was voted unanimously.

19).    The Board agreed to place on file until they do appointments Phyllis Chrupcala’s request to be appointed to the Westport Citizen’s Betterment Committee.

20).    The Board agreed to place on file until they do appointments Chairwoman Beaulieu’s request to be appointed to several committees.


Correspondence Not Requiring Action (See Attached):


Town Administrator’s Report (See Attached):

2a).    On a motion by Selectman Mauk, which was seconded by Selectman Rebello, the Board voted unanimously to approve and endorse the revocable license for the 865 Main Road bench location.

2b).    Selectman Mauk made a motion to approve and sign the Order of Takings for Spinnaker Way and Lighthouse Lane.  The motion was seconded by Selectman Rebello and was voted unanimously.

2c).    Selectman Mauk made a motion to approve and sign the Waterline Warrant.  Selectman Albert seconded the motion, which was unanimously approved.

2d).    Selectman Mauk made a motion to approve the transfer requests for the Assessors ($1600 from Personal Services to Expenses), Town Hall  ($7,000 from Employees Benefits to Town Hall Expenses) and Street Lights ($3,000 from Employee Benefits to Street Lights) and authorize Chairwoman Beaulieu to sign and to then forward the requests to the Finance Committee for approval.  The motion was seconded by Selectman Rebello and was unanimously approved.

2e).    Selectman Mauk made a motion to approve and authorize Chairwoman Beaulieu to sign the amendment to the Technical Assistance Program Contract.  Selectman Rebello seconded the motion, which was unanimously voted.

3).    On a motion by Selectman Mauk, which was seconded by Selectman Rebello, the Board unanimously voted to approve the hiring of Christopher Bonanco as a seasonal Cemetery Laborer and Matthew Williams and Wayne Liebenow as part-time workers if it becomes necessary.


Appointment of Town Administrator Positions:

Selectman Mauk made a motion to appoint Mr. Coughlin to the positions of Chief Procurement Officer, Affirmative Action Officer, HIPPA Coordinator, National Organization on Disability Representative, Southeastern Mass Health Group Alternate and to the Capital Improvement Planning Committee.  The motion, which was seconded by Selectman Rebello, was unanimously approved.


Approval of 5/1/07 & 5/2/07 Minutes:

Selectman Rebello made a motion to approve the 5/1/07 and 5/2/07 (Town Meeting) Minutes.  Selectman Ouellette seconded the motion, which was unanimously approved.


Miscellaneous Items:

Chairwoman Beaulieu directed the staff to send a memo to all boards regarding the 2007 appointments reminding them to send in their attendance records and requests for reappointments.

Chairwoman Beaulieu asked if the Board of Selectmen would publicly support the new South End Fire Station.  Selectman Rebello made a motion to support the South End Fire Station in the Special Election.  The motion was seconded by Selectman Mauk and was unanimously voted.

Ms. Bouchard told the Board of Selectmen that the union posting deadline for the Conservation Agent was up and requested guidance on whether a help wanted ad should be put in the paper.  The majority of the Board directed her to hold off on putting the ad in the paper.





Executive Session:

Selectpersons Veronica Beaulieu, Steven Ouellette, Duncan Albert, Robert Rebello and Gary Mauk on a unanimous roll call vote, voted to enter into executive session at 9:46 p.m. under Chapter 39, Section 23B to discuss the physical condition of an individual in the School Department.


Open Session:

On a roll call vote, Selectman Rebello made a motion to return to open session at 9:58 p.m.  The motion, which was seconded by Selectman Ouellette, was unanimously approved.


Conservation Commission Issue:

Town Administrator Michael Coughlin requested the Selectmen’s guidance regarding the Conservation Commission issue.


Adjournment:

On a motion by Selectman Albert, which was seconded by Selectman Rebello, the Board unanimously voted to adjourn the meeting at 9:23 p.m.

Respectfully submitted,




Denise Bouchard, Secretary
to the Board of Selectmen




APPROVED:    Gary E. Mauk, Clerk