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 Coughlin, Town Administrator
                                
Ms. Beaulieu called the Board of Selectmen meeting to order at 6:10 p.m. in the Westport
Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.

Police Chief Pelletier – RE: Request to appoint an Acting Sergeant
Motion made by Mr. Mauk to hold on the request for appointment of an Acting Sergeant until next meeting in order to get more information.  Mr. Mauk stated that when other departments ask for appointments, they accompany their requests with applications and background information.  Second by Mr. Rebello.  The Board voted 2 in favor, 3-opposed (Ouellette, Albert, Beaulieu).

Motion made by Mr. Ouellette following the Police Chief’s recommendation, to appoint David Simcoe, as Acting Sergeant.  Second by Mr. Albert.  The Board voted 3 in favor, 2-opposed (Mauk, Rebello).

RE: Request for appointment of a part-time Dispatcher
Motion made by Mr. Mauk to wait two weeks to gather more information on this request for appointment.  No second was received.

Motion made by Mr. Ouellette to appoint Brittany R. Faria, 7 Mosher Lane, Dartmouth, MA as a part-time Dispatcher for the Westport Police Department.  Second by Mr. Rebello.  The Board 4 in favor, 1-opposed (Mauk).

Redden, Inc. d/b/a Carvalho’s Bargain Motors - RE: Discussion of Class II and Repair License located at 935 State Road
Mr. Edward Sylvia and Attorney John Long, representing Redden, Inc., the license holder were present.  
Attorney Long stated that early in 2007, Mr. Edward Sylvia purchased all the stock of Redden, Inc. and has owned it for roughly 11 months.  There have been no complaints against his client’s business and his client has provided all information the Board has asked for.  Attorney Long stated there are no town regulations that call for a license to state the owner.  Attorney Long stated that Mr. Sylvia also owns A. J. Turner and has had no problems with that business either.  Attorney Long apologized for any confusion or misunderstanding in regards to the ownership of the license.  Attorney Long stated he has represented A.J. Turner twice in small claims court and twice his client has been cleared.
Mr. Albert stated that he has not received any complaints regarding Mr. Sylvia’s business.
Attorney Long stated he has no control over the Secretary of State’s website, which not does seem to be required to be updated by a certain time, but on the website today, the updated paperwork regarding Redden, Inc. is listed.  Attorney Long submitted a copy of the corporation paperwork.  Attorney Long said a standard needed to be established for all license holders in Town when dealing with corporations.

*Note: At 6:34 P.M., the Board put this discussion on hold in order to hold the scheduled public hearing for Casey’s Frozen Novelties, Inc. – Return to discussion at 6:40 P.M.

Mr. Mauk stated the license can’t be transferred without coming before this Board, the corporation can be transferred but the license can’t.
Mr. Albert said the problem here is that by tradition, when a corporation changes owner, the Town needs to be notified.
Attorney Long said the Town needed to enact a regulation that requires a license to come back to the issuers before going to another applicant.
Mr. Mauk suggested a name be placed on the license in order for the Town to know whom the Town has issued the license to, such as a contact person.  Mr. Mauk also stated the property at 935 State Road has had some issues with the Board of Health in regards to a bathroom and tight tank installation.
Attorney Long said his client is renting at this location and has complied with all that has been asked of him.  Mr. Sylvia is a tenant and he has no knowledge of what is on or not on the property. Attorney Long stated he does not represent the landlord.  Attorney Long stated he would like to have his clients’ license renewed.  Attorney Long stated he was speaking for his client who was advised not to speak.
Motion made by Mr. Albert to approve the Class II License renewal for Redden, Inc. d/b/a Carvalho’s Bargain Motors, 935 State Road.  Second by Mr. Rebello.  The Board voted unanimously in favor.
Mr. Rebello stated that he would like to address the issues of this property with the landlord at the next Selectmen’s meeting.

Casey’s Frozen Novelties, Inc. d/b/a Lickety Splits Café - RE: Public Hearing on an application for an Annual-Restaurant Wine & Malt Liquor License to be located at 549 American Legion Highway, Mark Pietrzyk, Manager
Ms. Beaulieu opened the public hearing at 6:34 P.M.  The Public Hearing Notice and Abutters List were read aloud. Attending were Mr. Pietrzyk, applicant and Attorney John Long representing Mr. Pietrzyk.
Ms. Beaulieu noted one letter of concern was received from an abutter and that concern was regarding the owner and employees receiving proper training in the handling of alcoholic beverages.
Attorney Long stated the abutting business does serve beer and wine.  Attorney Long’s client has invested $30,000.00 into this venture thus far.  Mr. Pietrzyk is a member of the Westport Business to Business and that organization has presented a letter of support.  Attorney Long stated there would be no adverse impact on the neighborhood and no late hours of operation.  The business is not to be considered a bar, it is a type of operation that serves hotdogs and if a customer would like a beer with their hotdog, Mr. Pietrzyk would like to be able to offer it.
Motion made by Mr. Rebello to grant the request for an Annual – Restaurant Wine & Malt Liquor License to Casey’s Frozen Novelties, Inc. d/b/a Lickety Splits Café, 549 American Legion Hwy., Mark Pietrzyk, Manager with the caveat of the owner and employees subject to training with the Police Department and the hours of the operation as previously approved.  Second by Mr. Mauk.  The Board voted unanimously in favor.
The hearing is closed at 6:40 P.M.

Susan Costa – Council on Aging RE: Appointment of Van Drivers
Motion made by Mr. Mauk to appoint Richard J. Gomez, Denise D. Hebert, Allen J. Quintal and Fred T. Butterworth as van drivers for the Westport Council on Aging.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

RE: Discussion of SRTA Representative
Motion made by Mr. Ouellette to appoint Ted Lang as SRTA Representative until a full-time Council on Aging Director is appointed.  Second by Mr. Albert.  The Board voted unanimously in favor.

Question and Answer Period
None.

Correspondence Requiring Action and/or Reading
1. Motion made by Mr. Mauk to approve a leave of absence request for John Swartz, Sr. Health Agent from January 22, 2008 through February 15, 2008 contingent upon the Board of Health approval.  Second by Mr. Rebello.  The Board voted unanimously in favor.
2. Motion made by Mr. Mauk to approve a change of name request from Paul Martins for a Class II License due to incorporating.  The name change will be “Forge Auto Sales, Inc.”, located at 6 Forge Ct.  Second by Mr. Rebello.  The Board voted unanimously in favor.
3. Ms. Beaulieu read a letter received from Lucy Keefe regarding the Conservation Commission.  No action taken.
4. Motion made by Mr. Rebello that a letter requesting appointment to the Westport Shellfish Advisory Committee from Borden Snow be placed on file in case of an opening on that committee.  Second by Mr. Albert.  The Board voted unanimously in favor.
5. Motion made by Mr. Mauk to accept a letter of resignation from Jack DeVeuve from the Westport Beach Committee; also to send a letter of thanks to Mr. DeVeuve for serving; and to inquire whether Mr. DeVeuve will be resigning from the Fire Station Building Committee also.  Second by Mr. Albert.  The Board voted unanimously in favor.
6. Ms. Beaulieu read a letter received from the Westport River Watershed Alliance regarding the Conservation Commission.  It was established that this letter along with the letter received from Lucy Keefe (CRA #3) could be addressed with the Conservation Commission at a future meeting with the Board.  Ms. Beaulieu also read a letter received from Bill Burns regarding the Conservation Commission, Agent/Consultant and decisions and duties of the Conservation Commission.
Motion made by Mr. Mauk to invite the Conservation Commission to a Board of Selectmen meeting to discuss these letters; the Town Administrator is to work out the date and time of the meeting.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
7. Motion made by Mr. Mauk to approve a tuition reimbursement for Bernadette Oliver, Principal Clerk for the Planning Board, which is in line with the Town’s policy for reimbursement.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Town Administrator Report
1. Motion made by Mr. Ouellette to sign the Town Warrant for the Presidential Primary on February 5, 2008.  Second by Mr. Rebello.  The Board voted unanimously in favor.
2. Motion made by Mr. Mauk to approve the Computer Services Agreement for Parking Ticket processing with Municipal Management Associates and to authorize the chairman of the Board of Selectmen to sign.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
Mr. Mauk requested an update, back one-year, regarding the parking tickets issued, their value and the amount collected.
3. Motion made by Mr. Ouellette to approve the use of Town Counsel in representing the Town and it’s interest regarding the matter at 1813 & 1815 Main Road.  Second by Mr. Mauk.  The Board voted unanimously in favor.
Mr. Ouellette stated that he would like briefings on this matter.
Mr. Mauk stated that the Building Inspector has done all that he can do with this matter, the Historical Commission must now be pursuant of this matter.
Mr. Coughlin stated that he will be meeting with Town Counsel and all avenues will be explored.
Ms. Loos, Secretary to the Historical Commission, stated that the Rules and Regulations of the Historical Commission were reviewed and the Enforcement Officer is the Building Inspector.
4. Mr. Coughlin gave an update regarding a remediation loan application with Campbell Environmental Inc. regarding the property located at 1175 American Legion Highway.
5. Motion made by Mr. Mauk to have the Town Administrator work with the Council on Aging Interim Director Ted Lang on a draft of a suitable package for a new full-time COA Director and to have the package prepared for review at the next meeting.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Consider / Reconsider
1. Motion made by Mr. Mauk to approve the release of a Chapter 61A for Susan E. Brayton, for Plat 43, Lot 1 (1.4 acres).  Second by Mr. Rebello.  The Board voted unanimously in favor.
2. Motion made by Mr. Rebello to accept the recommendation of the Town Administrator and award a three-year contract for the supply of natural gas to Direct Energy for $1.131 per ccf and $1.160 per therm.  Second by Mr. Albert.  The Board voted unanimously in favor.
3. Motion made by Mr. Ouellette to take under advisement the request received from Max Performance for a triathlon race; and to have the Town Administrator look into this matter with Safety Officer Jeffrey Majewski as to the emergency services that will be on hand and whether there will be a roaming police officer in addition to the stationed details.  Second by Mr. Mauk.  The Board voted unanimously in favor.
Mr. Mauk suggested that perhaps Max Performance could pay for an emergency standby crew.

Other Issues
1. Mr. Ouellette inquired into getting help for the Building Inspector and also that he would like to have issues addressed at Westport RV.
2. Mr. Rebello asked if there was a Building Inspector job description yet.  Mr. Coughlin stated not as of yet.
3. Mr. Rebello asked if an issue of stockpiling could be looked into at 851 State Road.
4. Mr. Mauk inquired into whether the Benchmark Study was complete.  Mr. Coughlin stated only the draft.
5. Ms. Beaulieu noted that a “Revenue Sharing” disc from the MMA was available if anyone wanted to view it.
6. Ms. Beaulieu noted a proposal by the MMA was made to today in support of $450 million being returned to cities and towns.
7. Mr. Coughlin stated that no word has been received from the contractor in regards to the Wind Turbine contract.  Ms. Beaulieu stated a reputable company should have contacted the Town.  Mr. Albert stated a formal response in writing should be submitted to the Town.  Mr. Coughlin stated in the last contract draft, completion of the turbine had to be by February 1st.  Mr. Coughlin stated he could send a letter seeking a response from the contractor. Mr. Coughlin said the last line in the contract attachment, states that if no response were received from the contractor, it would be taken as no contract.  Mr. Mauk stated the contractor agreed with everything that Mr. Keefe stated at the last meeting, but the contractor has shown no common courtesy of a letter to the Board.  Mr. Ouellette stated that the contractor was not given a serious offer.

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 8:09 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