Westport News

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

Also Present:            Michael Couglin, Town Administrator
                               Attorney Michelle Randazzo, Town Counsel
                
Ms. Beaulieu called the Board of Selectmen meeting to order at 5:00 p.m. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.

Ms. Beaulieu announced that due to being over the capacity allowed for a meeting’s attendance in the Selectmen’s Office, the meeting will be moved to the Town Hall basement.

Attending for the Conservation Commission were Attorney Beauregard, Tanya Ryden, Susan Pedreira, Richard Lambert, Ed Rooney and Paul Hebert.

At this time, Ms. Beaulieu stated that the chair would like to ask the board if, at this time, they would consider disregarding all letters received to date, indicating an interest to serve on the Conservation Commission and to request letters for our files from any individuals who may be truly interested in serving, if and/or when a need arises.  Ms. Beaulieu stated that she would entertain a motion to that effect.

Motion made by Mr. Mauk to disregard all letters received to date indicating an interest to serve on the Conservation Commission and request that new letters be submitted from anyone truly interested in serving on the Conservation Commission.  Second by Mr. Albert.  The Board Voted Unanimously in Favor.

At this time, Ms. Beaulieu read aloud a statement clarifying what took place prior to tonight’s meeting and to publicly stated how the Board has arrived at this point.  (see attached)

Attorney Randazzo stated that tonight, the Board would be reviewing Town Counsel’s opinion letter with respect to operations and activities of the Conservation Commission.  Four questions were submitted by the Selectmen for review.  These questions were reviewed on the issues, identified by the Selectmen, as being problematic; and allowing the Conservation Commission members a chance to respond to those items.

Attorney Randazzo addressed some of the following issues:
1) Was it appropriate for the Conservation Commission to hold an emergency meeting on January 29, 2007 in regards to the Open Meeting Law’s 48-hour posting rule?  
*Town Counsel concluded that the meeting held on January 29, 2007 did not constitute an emergency. It was for the Conservation members to discuss obtaining legal counsel.

2) Is it appropriate for meeting minutes to be edited, while the Conservation Commission is absent?
*Meeting minutes need to be approved in an Open Meeting by the Commission and once voted, the minutes will become the official record and can’t be edited.
3) Were complaints received by the Conservation Commission properly treated and/or handled; and were they properly stored and maintained.
*These documents are not typically kept in a personnel file but should be maintained in some fashion for future reference.
4) In regards to a policy of the Conservation Commission’s to maintain a 25-ft. no activity zone. There is no bylaw of the Town to allow the Conservation Commission to enforce more stringent conditions than what State law under the Wetlands Protection Act afford.

Attorney Beauregard stated that he was made privy to an opinion letter to the Board of Selectmen from Mr. Paul Stein, a lawyer in Framingham and resident in Westport.  Attorney Beauregard stated that it contained a lot of information that expresses the appropriateness of what took place and it would be useful for the Board of Selectmen to read the letter.  Attorney Beauregard stated that the packet submitted by Mr. Stein may possibly help to bring the Conservation Commission and the Board of Selectmen together on the same page.

Ms. Pedreira stated that the majority of the Conservation Commission disagrees with the criteria of an emergency meeting and there was no wetlands business conducted that night.  Also, as for the editing of final minutes, that has never been done.  Editing of draft minutes has been done, however. As for the 25-ft. buffer zone, the Conservation Commission can request it; it has been a practice for years. In regards to complaints received about the Conservation Agent, Ms. Pedreira said that she had no comment.  

Ms. Ryden stated that in regards to the complaints against the Agent, all written complaints were public record.  The complaints were copied to the members and placed on file, except for one complaint which was sent in anonymously. Ms. Ryden stated that some of the complaints were discussed in Open Session, except for one Executive Session.  Ms. Ryden stated that she sought guidance on handling personnel matters from the Board of Selectmen.  Ms. Ryden said that any written complaint regarding the Agent or the Commission was public record, she did not hide anything.

Ms. Pedreira stated that when Ms. Ryden was Chairman of the Conservation Commission, there was no direction on how to supervise personnel and so far, no one has approached her on the subject matter now that she is Acting Chairman.

Attorney Randazzo stated that now was the appropriate time for the Board of Selectmen to make one of the following decisions:
1) Take no further action.
2) The matter could be investigated further.
3) Issue a formal notice of charges and commence removal proceedings.

Motion made by Mr. Ouellette to take no further action.
No second was received.

Motion made by Mr. Albert to investigate further.
No second was received.

Motion made by Mr. Rebello to issue a formal notice of charges and commence removal proceedings as stated by Town Counsel.  Second by Mr. Mauk  The Board voted 3 in favor;  2-opposed (Ouellette, Beaulieu).

Attorney Beauregard asked Attorney Randazzo, that with the opinion letter being issued, does this pose sufficient factor and constitute grounds for removal.

Attorney Randazzo stated that it would not be up to her but up to the appointing authority to decide after further investigation.  After that, a notice to the individuals regarding the charges would be drafted by Town Counsel.

Motion made by Mr. Mauk to have Town Counsel proceed with the drafting of the necessary paperwork.  Second by Mr. Rebello.  The Board voted 4 in favor, 1-opposed (Ouellette).

Attorney Beauregard stated that he would be speaking for the Conservation Commission to the newspapers.

5:40 P.M.
Motion made by Mr. Mauk to recess until 6:00 p.m. where the Board of Selectmen would resume in Open Session upstairs in the Selectmen’s Office. Second by Mr. Albert.  The Board Voted Unanimously in Favor.

The Planning Board met jointly with the Board of Selectmen in order to fill a vacancy left by Mr. Wayne Sunderland’s resignation.
Attending for the Planning Board were John Montano, Wayne Sunderland and Gregory Franchetti.

Ms. Beaulieu stated that the position posting closed on Friday, June 1, 2007 at 4:00 p.m. and a letter of interest has been received from David Emilita, former member of the Planning Board.

After some discussion,
Motion made by Mr. Mauk to appoint David Emilita to the Planning Board to fill the vacancy of Wayne Sunderland.  Second by Mr. Rebello.  The Board voted unanimously in Favor.

Motion made by Mr. Montano to appoint David Emilita to the Planning Board to fill the vacancy of Wayne Sunderland.  Second by Mr. Franchetti.  The Board voted unanimously in Favor.

Chief Legendre gave an update of the Fire Station including the design and engineering costs, which could be covered by funds at Town Meeting.  The average cost to homeowners would be about $26.44.  This will be a stand-alone facility and it will be the only question on the ballot on June 26th.  Chief Legendre stated that he was asking for the Board of Selectmen’s support on this matter and asked that all the voters vote on that day.

Motion made by Mr. Mauk for the Board of Selectmen to give their support of this item on the ballot of June 26th.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Ms. Beaulieu opened the public hearing at 6:18 P.M. with the reading of the Hearing Notice and the Abutter’s List aloud.
Ms. Beaulieu then read a letter received from the Planning Board, dated 2-21-07.  
Ms. Beaulieu also referred to a memorandum regarding “The naming and changing names of streets” from Kopelman and Paige.

Motion made by Mr. Mauk to approve the name change request and to officially change Chestnut Hill Avenue to Chestnut Hill Drive.  Second by Mr. Rebello.  The Board voted unanimously in favor.

The hearing was closed at 6:23 P.M.

Ms. Beaulieu opened the continued hearing at 6:30 P.M.  Present were Wayne Medeiros and Dominick Plourde and Attorney Thomas Hallal, representing Mr. Medeiros.
Ms. Beaulieu advised Mr. Medeiros of the outstanding taxes on the property.  This was advertised in the newspapers but must be paid by the 15th of the month.  Ms. Beaulieu stated that once the taxes were satisfied, they could continue to the next hearing.

Attorney Hallal stated to the Board of Selectmen that there was a question regarding the number of shares issued.  Attorney Hallal stated that not all shares of any corporation are issued; 800 shares are reserved by the corporation.  These shares are held to be sold to anyone interested.  Attorney Hallal stated that his client would like to get through the red tape and open his business.

Ms. Beaulieu noted that there has been no one before the Board of Selectmen requesting a transfer of this license.

Mr. Medeiros stated that on the property presently there is no inspection station, no shed business and no furnace business. Mr. Medeiros did say that there was a landscaping business in the rear of the property and his business would be going in the area where the inspection station used to be; it would be at the front of the property.

Mr. Mauk stated that if all the businesses were gone, then the parking plan is no longer in effect.  Mr. Mauk asked the applicant if he would be seeking to add more vehicles.

Mr. Medeiros replied no.

Motion made by Mr. Mauk to continue this hearing to June 18, 2007 at 6:40 P.M.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
 

Board of Health members present were Sean Leach, John Colletti and Agent James Walsh.

Item 1: Celtic Drive matter.  
Mr. Walsh stated that a Title V inspector failed the septic system located at this residence on Celtic Drive; two years prior, a Title V inspection was changed by the former Health Agent.  The homeowner is looking at the cost of repairs at around $13,000.00.  The homeowner has not approached the Town as of yet.  The house was bought on the premise of a good Title V. On the inspection sheet, according to the former agent, the “D” box was only full of Q-Tips. Back in May, the leaching field for the home was opened and found to be no good. Mr. Walsh stated that he has spoken with Mark Reitz of Kopelman & Paige on this matter and Town Counsel has spoken with the Town’s Insurance on the perceived Town’s liability we may face.  Mr. Leach stated that the Board of Health has passed a policy that anything that gets changed in regards to paperwork or any actions taken by the Agent has to go before the Board for approval.
Mr. Albert stated that this matter should go to Town Counsel.

Item 2:  Landfill matter.   
Mr. Walsh stated that there has been an occurrence of an ongoing problem at the landfill.  The problem is with one particular person.  Mr. Walsh stated that he has had Officer Barboza issue a verbal no trespass and there are police reports on file regarding this matter.  Mr. Walsh said that in the past, the individual has been told to stay away.  Mr. Walsh stated that there are a lot of positive changes taking place and he would like to nip this problem in the bud.  Mr. Walsh stated that as a supervisor, he feels as though his employees are in danger.  Mr. Walsh said that two days after the verbal warning, another incident occurred.  Mr. Leach stated that he has spoken with the individual and he has expressed his concern over this matter.  Mr. Walsh stated that the individual created a disturbance again on Saturday, and was asked politely to leave.  Mr. Leach said that his concern was, do we have the ability to have someone restricted from the landfill, whereas the Town doesn’t provide trash pickup.  Mr. Mauk asked if there should be a sit-down with the Town Administrator to try to rectify this situation.  Mr. Coughlin stated that he is willing to sit-down with the complainant. Mr. Leach said that frequently, lawn mowers and rototillers are left at the landfill and anyone can take them.  Mr. Colletti said that prior to this, large amounts of metals used to be put aside and taken by the people but the new policy is that everything goes into the dumpster and stays there.  Mr. Leach stated that the individual said that he has proof of the problem but Mr. Leach has not seen anything as of yet.  Mr. Colletti stated that the Board has confidence in its employees.  Mr. Albert stated that the Town could not have its employees being stalked and put in danger.  Ms. Beaulieu stated that the Town should let their employees know the policy and that the Town does not want to have their employees at risk.  Ms. Beaulieu stated that the Board would pursue this no further but asked that the Board and Town Administrator be kept appraised of this matter.


Item 3:  East Beach
Mr. Mauk asked about the tight tank situation at East Beach.   Mr. Leach stated that a petitioner wanted to double the size of the tank that he presently has.  Mr. Colletti stated that the origin intent after Hurricane Bob was that the tanks were to be used as emergency measures only.  The problem that was created was because there was no follow-up by the DEP.  Mr. Leach stated that he would like to see all the tanks out of there.  The Town needs some sort of enforcement action and should get together with Town Counsel.  Ms. Beaulieu asked that the Board and Town Administrator be kept appraised of this matter.

Question and Answer Period
None.

1) Meetings for the coming week were reviewed.
2) A. Motion made by Mr. Rebello to award the contract for contaminated quahogs to  
           F/V BlackJack, Kenneth and Linda Berube of New Bedford in the amount of   
           $11,700.00.  Second by Mr. Mauk.  The Board voted unanimously in favor.
B. Motion made by Mr. Mauk to approve each of the following transfers. Second by Mr. Ouellette.  The Board voted unanimously in favor.
$35,000.00 from Police Dept Personal Services to Police Dept. Expenses for
FY ‘07.
$150.00 from Town Clerk Expenses to Town Clerk Personal Services (OT) for FY ’07.
$5,000.00 from Wharfinger Enterprise Debt Service Payment to Wharfinger Enterprise Expenses for FY ’07.
C. Motion made by Mr. Ouellette to set the following Selectmen’s Meeting schedule:  July 16 and 30, August 13 and 27, September 10 and 24, October 9 and 22, November 5 and 19, December 3 and 17, 2007.  Second by Mr. Rebello.  The Board voted unanimously in favor.
D. Motion made by Mr. Ouellette to have copies of the applications for part-time Recording Clerk to the Housing Partnership Committee and full-time Local Inspector positions forwarded to the appropriate departments, asking them to review, interview and forward their recommendations to the Board of Selectmen.  Second by Mr. Mauk.  The Board voted unanimously in favor.
E. Ms. Betty Slade and Ms. Jane Loos were present  to present an award that was given to Timothy and Maryann Bryant, Anne “Pete” Baker and Tyson Builders for the rehabilitation and restoration of the Cory House on Cornell Road.
F. Motion made by Mr. Mauk to allow a flag burning ceremony at the Town Hall on June 30, 2007 sponsored by Norm Ouellette and St. George 441 Council.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
G. Motion made by Mr. Ouellette to have Town Counsel issue letters to homeowners on Gadoury Street as necessary in regards to blocking a public landing.  Second by Mr. Mauk.  The Board voted unanimously in favor.
H. Ms. Beaulieu requested that Annual Appointments be placed on the 6-18-07 Board of Selectmen agenda.

1) Mr. Ouellette asked that an issue of parking on Route 6 near 851 State Road be addressed by the Police Department.
2) Mr. Ouellette asked that the Building Inspector conduct an inspection of Nu-Way Auto Sales for car limits and junk on property.
3) Mr. Mauk stated that he has received complaints from businesses in Town, stating that there are businesses on State Road not playing by the rules as the other businesses in Town must do.  There is a loophole in the system between Conservation Commission and the Board of Health and the Planning Board.  We need to get these things tied up.

1) Motion made by Mr. Ouellette to re-appoint the following Reserve Officers: Ernest P. Belliveau, Reginald G. Deschenes, Maurice E. Dore, Thomas Gallant, Stephen D. Kovar, Jr., John P. Lacoste, Elizabeth A. Medeiros, Keith J. Novo, Joseph R. Pineau, Richard R. Rodrigues, Tara E. Souza, William N. Travers and Eric J. Vanasse.  Second by Mr. Rebello.  The Board voted unanimously in favor.
2) Motion made by Mr. Mauk to accept with regrets the resignation letter of Antone Vieira from the Community Preservation Committee and to send a letter of thanks to Mr. Vieira.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
3) This item was held on until annual appointments are made.
4) This item was held on until annual appointments are made.
5) This item was held on until annual appointments are made.
6) Motion made by Mr. Mauk to approve the request for pledge of an All-Alcohol Liquor License from Edward F. Lima d/b/a Westport Wine and Spirits.  Second by Mr. Rebello.  The Board voted unanimously in favor.
7) Motion made by Mr. Ouellette to have the Town Administrator look into tax issues, the amount of overage of vehicles on the property, an illegal apartment and whether all businesses located on this property, 851 State Road, are registered with the Town Clerk.  Second by Mr. Rebello.  The Board voted unanimously in favor.
8) No action taken.  Mr. Ouellette requestd that the Building Inspector record registered vehicles plate numbers on any lot that he is inspecting for unregistered vehicles.
9) Motion made by Mr. Ouellette to approve the recommendation of Sgt. Majewski regarding a request by the National Multiple Sclerosis Society for a Bike Tour to be held on June 23, 2007 and with the stipulation that the Board of Selectmen have no jurisdiction over Route 177 and Route 6.  Second by Mr. Mauk.  The Board voted unanimously in favor.
10)  Motion made by Mr. Mauk to approve the change of name from David Rogers d/b/a Rogers Automotive to David Rogers d/b/a Roger’s Automotive, Inc., 1121 State Road.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
11) Motion made by Mr. Mauk to forward a copy of the Municipal Partnership Act Advocacy Kit to the Westport Economic Development Task Force for review and to come forward with any recommendations.  Second by Mr. Rebello.  The Board voted unanimously in favor.
12) Motion made by Mr. Mauk to forward a copy of a letter received from the Town of Walpole regarding “Chapter 40B” reform to the Planning Board, Housing Partnership Committee and the Zoning Board of Appeals for review and to forward a recommendation to the Board of Selectmen.
13) Motion made by Mr. Ouellette to forward a copy of a letter received from Claude Ledoux regarding consideration and action concerning bio-fuels be forwarded to the Alternative Energy Committee.  Second by Mr. Mauk.  The Board voted unanimously in favor.
14) This item was held on until annual appointments are made.
15) A check of the property at 838 State Road will be conducted on Wednesday, and action will be taken at the next Board of Selectmen’s meeting if necessary.
16) Motion made by Mr. Mauk to approve a request from the Westport River Watershed Alliance to host 4 weeks of summer science programs at the Town Beach and Cherry & Webb Conservation area and authorize parking permits to the following staff for these programs:  Shelli Perry, Charles Gerrior and Jennifer Wimmer.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to adjourn the Board of Selectmen meeting at 8:55 P.M.  Second by Mr. Albert.  The Board voted unanimously in favor.

Adjournment.


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

APPROVED: Gary E. Mauk, Clerk