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.

Executive Session – 5:00 P.M.
Motion made by Mr. Rebello to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss pending litigation.  Second by Mr. Albert.  The Board voted unanimously in favor.

Ms. Beaulieu announced that the Board would return to Open Session following the Executive Session.

Roll Call Vote:  Mr. Rebello-aye.  Mr. Albert-aye.  Mr. Mauk-aye.  Mr. Ouellette-aye.  Ms. Beaulieu-aye.  

Motion made by Mr. Rebello to return to Open Session at 5:59 P.M.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Open Session – 6:00 P.M.

Moment of Silence
Ms. Beaulieu asked for a moment of silence for the passing of Norman Gifford, a former member of the Board of Health and Tree Warden.

Fire Chief Brian Legendre RE: Public Safety Update and a Request for Transfer of Funds
Chief Legendre gave a brief explanation regarding his request for a transfer of funds of up to $7,000.00 from the Fire Department general expenses to the Fire Department personal services. Chief Legendre stated that this request is only in case of unforeseen fire/medical events; this request was a sort of safety net that will only be used if needed.
Motion made by Mr. Mauk to authorize the transfer from Fire Department general expenses to Fire Department personal services.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
Chief Legendre also mentioned that on Tuesday, June 26, 2007 there would be a Special Town Election with only one item on the ballot asking for design fees for the Fire Station.  The polls would be open from 10:00 a.m. to 8:00 p.m.  Chief Legendre asked for the Board of Selectmen’s support on this issue.
Ms. Beaulieu stated that the Board of Selectmen does support this item.

Sidewalk Committee RE: Update regarding Main Road
Mr. David Wallace and Mr. John Faria were present to explain the 1st Phase that has been completed by Nitsch Engineering.  Mr. Faria stated that sidewalks are just one of the things that have been reviewed in addition to a number of safety issues along Main Road.  Mr. Faria stated that the committee is hopeful to be able to hold a public hearing sometime in July, with abutters being notified.  The design work was funded without having to use Town funding.  The Committee will be working with Sitec Engineering on the Main Road layout.  Mr. Faria explained that Phase I is short-term improvements; while Phase II will be for long-term improvements such as sidewalks with crosswalk proposals, changes to curb cuts and the realignment of the Main Road and Adamsville Road intersection.  There are various proposals that will be addressed with the public in the future.
Mr. Wallace presented photos of some of the proposals and mentioned that sidewalks are not recommended everywhere.  Mr. Wallace said that some of the proposals were crosswalks at Village Way and the Apothecary, Lees Market to Attorney Desjardins, the Police Station to the Medical Center, the west side of Adamsville Road near St. John’s Church and the Nursery School.  Mr. Wallace stated that these are just proposals and all things are doable but only after the study is finished and Sitec will complete this phase.  Possible funding sources are various.
Ms. Beaulieu mentioned that something to look into was the funding that was indicated by a certain individual to the Sidewalk Committee.
Mr. Ouellette stated that there maybe some SRPEDD hours that could be used on this project.

Dredging Committee RE: Update regarding River Dredging with Representative Rodrigues
Present were Richard Earle, Warren Messier, Carl Tripp, Edward Carey, Charles Goldberg, David Cole, John Reynolds, Ronald Knapp, Veronica Beaulieu and Representative Michael Rodrigues.
Mr. Rodrigues stated that this project has been 11 years in the making.  The dredging area will be from the Town dock out to the harbor.  Mr. Rodrigues stated that Carlos Pina; CLE Engineering is the consultant on the project.  There is a federal project for the Beach Nourishment, which will start in October and end in December; and there is also the Creek & Wharves project that will also start in October and end in December. Both of these projects are in the permitting process now.  After the dredging, the Army Corps of Engineers will be handling this for 10 years.  The last time a project of this type was done was at least 30 years ago.
Mr. Rodrigues said that the Town has been assembling monies through fees at the Town Dock, which would be deposited into this fund, along with any contributions.  Mr. Rodrigues stated that this has been quite a learning experience.
Mr. Earle stated that this might need to go to a Special Town Meeting in order to package all these monies together.
Mr. Wallace noted that contributions from abutting landowners would be tax deductible.
Mr. Messier stated that it was important to recognize contributions from the Community Preservation Committee ($95,000.00) over a three-year period.  Mr. Messier said that any money committed to this project is being matched by the State.
Mr. Coughlin stated that patience and persevering is paying a big dividend.  Mr. Coughlin stated that he attended a meeting in Boston and this project is coming along and will happen.
It was noted that the late Mr. Chandanais and Mr. Donald Bernier were also involved in this project.

Norwest Auto Sales, Inc. – Wayne M. Medeiros, President RE: Continued public hearing for transfer of a Class II License to be located at 937 State Road
The continued hearing was opened at 6:45 p.m.  Present were Wayne Medeiros and Dominic Plourde and Attorney Thomas Hallal (representing Mr. Medeiros).
Attorney Hallal stated that they have a site plan approval for the additional parking.  On the property there will be a used car business, with the landscaping business at a different address and entrance.  Attorney Hallal explained why the license was transferred and how it is in a corporation’s name.  Attorney Hallal stated that his clients want to do business in Town. The mistake was made by the Town in putting the license in a corporation’s name and not an individual.  The site is a good area for business.  The inspection station is still there.  The forty parking spaces are being sought for the Class II license.
Mr. Tim Barreira, property owner, stated that the inspection station is still open, with one employee.
Mr. Mauk asked if the auto sales would have two employees, because he has spoken with the Building Inspector for an opinion as to whether there is a septic system with a functioning sanitary facility.
Mr. McNally, Building Inspector, stated that the building of 1,200 sq.ft. needs a bathroom. There is an old law that allows for a facility within 300 ft. to be used with permission of the owner.
Attorney Hallal stated that there was no food being served at this property.  This is a good faith effort on his client’s part.  His clients have complied with everything that has been asked of them so far.  Attorney Hallal asked that the Board weigh the situation.  The Building Inspector and the Fire Chief have both signed off on the proposed parking plan.  Attorney Hallal stated that the license should have been issued as a d/b/a.
Ms. Beaulieu questioned how a license, which is owned by the Town, could be sold.  The Town owns the license; therefore a transfer request should have been done.  Ms. Beaulieu asked Attorney Hallal how an individual could sell the license.
Mr. Mauk read a quote from the State Building Code regarding sanitary facilities.  Mr. Mauk stated that he has been approached by five businesses in Town on this subject.  Mr. Mauk stated that he would like the Building Inspector to inspect the property and review the rules of the Health code for this property.
Mr. Coughlin stated that for the time being, the license would be held in Administrative Status.
Motion made by Mr. Mauk to issue the license in the applicant’s name, Wayne Medeiros and Dominic Plourde d/b/a Norwest Auto Sales, Inc. and to have the Building Inspector inspect the property and return with his findings before the license is issued.  Second by Mr. Rebello.  The Board voted unanimously in favor.
Motion made by Mr. Mauk to continue this hearing to June 25, 2007 at 6:00 p.m.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Annual Appointments for FY ’08
Ms. Beaulieu read aloud letters, which were received requesting appointment.  Ms. Beaulieu read the letters according to the dates received.
Following are the dates, position and applicant information.
June 4, 2007 – CPC position – Betty Slade
June 6, 2007 – CPC At-large – Lino Rego
June 8, 2007 – Conservation Commission – Maury May
June 7, 2007 – Conservation Commission – William J. Burns
June 11, 2007 – Conservation Commission – Wayne H. Turner
June 11, 2007 – Council on Aging – Blanche Adams
June 11, 2007 – Historical Commission – Betty Slade
June 11, 2007 – Personnel Board – Chester Adams
June 11, 2007 – Community Preservation Committee – Chester Adams
June 12, 2007 – Estuaries Committee – Roberta Carvalho
June 12, 2007 – Estuaries Committee – Jeanne Girard
June 12, 2007 – Conservation Commission – Theodore Rich  
June 14, 2007 – Conservation Commission – Christine Vezetinski
June 14, 2007 – Estuary Committee – David Cole (also a list of names of interested parties)
June 18, 2007 – Historical Commission – Arlene Cloutier

Motion made by Mr. Mauk to appoint Ronald Costa as Citizens for Citizens Representative.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Gary Sherman as Wharfinger (At-Will).  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint William Plamondon as Assistant Wire Inspector.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Dane Winship as Assistant Wire Inspector.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Jack DeVeuve and Robert E. Carroll to the Beach Committee.  Second by Mr. Albert.  The Board voted unanimously in favor.

Motion made by Mr. Ouellette to appoint Gerald Coutinho to the Zoning Board of Appeals.  Second by Mr. Mauk.  The Board voted unanimously in favor.

Motion made by Mr. Albert to appoint Veronica F. Beaulieu to the Buzzards Bay Action Committee.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Betty Slade, Chester Adams and Lino Rego to the Community Preservation Committee.  Second by Mr. Albert.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Daniel Sullivan as Constable.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Susan M. Costa, Blanche Adams and Robert Stynes to the Council on Aging.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint John Miller and Linda Galton to the Educational Fund Committee.  Second by Mr. Albert.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Veronica F. Beaulieu to the Educational Fund Committee.  Second by Mr. Albert.  The Board voted 4 in favor; 1-abstention (Beaulieu).

Motion made by Mr. Mauk to appoint Arthur Briggs as Westport Rep. to the Greater Fall River Emergency Medical Services Coordinating Committee, Region 7.  Second by Mr. Rebello.  
The Board voted unanimously in favor.

Motion made by Mr. Ouellette to appoint Ann C. Rosinha, John Azevedo, John W. Borden, Jr., Edward Carey and James Robeson to the Harbor Advisory Committee.  Second by Mr. Albert.  The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint James Perry, Jonathan Paull, John R. Bevis, Gregory N. Robb, Gary A. Tripp and Richard Hart as Assistant Harbormasters.  Second by Mr. Albert.  
The Board voted unanimously in favor.

Motion made by Mr. Mauk to appoint Chester Adams to the Personnel Board.  Second by Mr. Ouellette. The Board voted unanimously in favor.

Question & Answer Period
Ms. Brenda Burke asked if the Board of Selectmen could please elaborate on the Town’s Policy for a Special Town Meeting, in particular, a petition inspired one.  Ms. Burke stated that she is asking because there is a petition circulating to decrease the Board of Selectmen from 5 to 3 members.  Ms. Burke asked what the process would be.
Ms. Beaulieu stated that Mr. Coughlin would research this process and get back to the Board with an answer.

Correspondence Requiring Action and/or Reading
1) Motion made by Mr. Ouellette to re-appoint Officers David M. Leite and Barry F. Beaulieu as Regular Police Officers.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-abstained (Beaulieu).
2) Motion made by Mr. Ouellette to re-appoint the following as part-time sworn Reserve Police Officers:  Kristine M. Carreiro, Edmund A. Correia, Jr., Eric R. Gagnon, Conrad J. Lafontaine, Brian D. Souza.  Second by Mr. Rebello.  The Board voted unanimously in favor.  
Motion made by Mr. Ouellette to appoint Mark C. Rosinha as a part-time Dispatcher.  Second by Mr. Rebello.  The Board voted unanimously in favor.
3) Motion made by Mr. Mauk to appoint Thomas P. Hancock as Parking Enforcement volunteer.  Second by Mr. Rebello.  The Board voted unanimously in favor.
4) Motion made by Mr. Mauk to appoint the following lifeguards on the recommendation of the Town Beach Committee:  Amy Pineau, Brad Morel, Jeff Lacesse, Kayla Gillespie, Evan Audette, Joshua Thomas Baldwin, Thomas Harrington, Eric Indych and Shannon Long.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
Also, Mr. Mauk asked that the lifeguards, along with the Beach Committee be invited to come to a Selectmen’s meeting in order to introduce themselves.  Mr. Ouellette asked that background checks be done on each of the applicants.
5) Motion made by Mr. Mauk to accept with regrets the resignation letter of Paul R. Hebert from the Conservation Commission and to forward a letter of thanks.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
Motion made by Mr. Mauk to appoint Wayne Turner to fill the Mr. Hebert’s position on the Conservation Commission as of July 1, 2007.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-opposed (Ouellette).  
Mr. Ouellette stated that he would like to invite Mr. Turner to a Selectmen’s meeting in order to introduce himself.
6) No action taken.
7) Motion made by Mr. Albert to approve a request received from Leone Farias, Conservation Commission Principal Clerk, to carry over unused vacation; time to be used by September 15th.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
8) Mr. Mauk recused himself for this item.  Mr. Coughlin stated that normally all board are blanketed and he would like this item held until June 25, 2007.  Ms. Beaulieu stated that presently two boards on file have this status.  Mr. Coughlin stated that in his opinion, all boards and commissions should have this status; they must still comply with ethics laws but they still have the ability to volunteer.  Special Municipal Status helps small towns deal with volunteerism and allows for participation where the selection pool is limited.  The member is allowed to volunteer, disclose and still be kept away from ethics.
Ms. Beaulieu stated that population dictates this, if our population was fewer than 10,000, we would not even discuss this.
Motion made by Mr. Rebello to table this item.  Second by Mr. Ouellette.  The Board voted 4 in favor; 1-abstained (Mauk).
9) No action taken.
10) Motion made by Mr. Ouellette to grant permission to the Holy Ghost Club to block traffic from the corner of Ridgeline Drive and Sodom Road to the Holy Ghost Club Grounds from 11:15 a.m. to 12:00 p.m. on Sunday, July 8, 2007 for the Feast Procession.  Second by Mr. Rebello.  The Board voted unanimously in favor.
11) No action taken.
12) No action taken.
13) Motion made by Mr. Ouellette to accept with regrets a letter of resignation received from Jack DeVeuve as a Volunteer Parking Officer and to send a letter of thanks.  Also ask the Police Chief to forward any recommendations to fill the position.  Second by Mr. Rebello.  The Board voted unanimously in favor.  
14) Motion made by Mr. Ouellette to approve citations for David Wallace and Timothy Gillespie regarding their service to the Town.  Second by Mr. Rebello.  The Board voted 4 in favor; 1-opposed (Beaulieu).
Ms. Beaulieu said that previously she stated that a policy needed to be established for giving citations.  Personally, Ms. Beaulieu felt that the Planning Board should be issuing the citations.
15) Motion made by Mr. Mauk to accept with regrets a letter of resignation received from Thomas McGarr from the Conservation Commission, to send a letter of thanks and to acknowledge Mr. McGarr’s request for appointment to the Storm Water Management Committee as an at-large member.  Second by Mr. Albert.  The Board voted unanimously in favor.
Motion made by Mr. Mauk to appoint Theodore Rich to the Conservation Commission to fill the unexpired term of Mr. McGarr, effective as of July 1, 2007.  Second by Mr. Albert.  
The Board voted 4 in favor; 1-opposed (Ouellette)
16) Motion made by Mr. Mauk to appoint Ralph Souza as full-time Local Inspector as per recommendation of the Building Inspector.  Second by Mr. Albert.  The Board voted unanimously in favor.

Town Administrator’s Report
1) The coming week’s meetings were reviewed.
2) Motion made by Mr. Rebello to approve the transfer of $1,000.00 from Regional School Assessment to Shellfish Personal Services.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
3) This item was held on until June 25, 2007.
4) Motion made by Mr. Ouellette to approve a one-year contract extension between the Town of Westport and Animal Control Law Enforcement.  Second by Mr. Mauk.  The Board voted unanimously in favor.
5) Motion made by Mr. Ouellette to approve a request received from Robert Thatcher to carry over unused vacation; time to be used by September 15th.  Second by Mr. Rebello.  The Board voted unanimously in favor.
6) Motion made by Mr.Ouellette to approve a request received from Gale Nigrelli to carry over unused vacation; time to be used by September 15th. Second by Mr. Rebello.  The Board voted unanimously in favor.
7) Ms. Beaulieu stated that both the Planning Board and the Conservation Commission have Special Employee Status.  Mr. Coughlin stated that Sean Leach contacted the State Ethics Commission and was directed to seek this status for the Board of Health also.
Motion made by Mr. Mauk to grant special municipal employee status to the Board of Health.  Second by Mr. Ouellette.  The Board voted 2 in favor; 3-opposed ( Ouellette, Rebello, Beaulieu).
Motion made by Mr. Mauk to remove the special municipal employee status from the Conservation Commission and the Planning Board.  No second was received.
Motion made by Mr. Rebello to have Mr. Coughlin review and gather information as to whether Mr. Leach and the Board can have this status, including the Conservation Commission and the Planning Board.  Second by Mr. Mauk.  The Board voted unanimously in favor.
8) Ms. Arnold presented three proposals for electricity, noting that Strategic Energy is no longer available.  After reviewing all proposals, Ms. Arnold and Mr. Mauk recommended the best deal would be with Direct Energy.
Motion made by Mr. Rebello to go forward and support the proposal for a 3-year contract with Direct Energy and to forward the contract to Town Counsel for review.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 10:20 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