BOS Minutes 10-22-07
REGULAR MEETING MINUTES
OCTOBER 22, 2007
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 6:00 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 stated that she would like to make a couple of statements before beginning tonight’s meeting. Ms. Beaulieu stated that in the past, she has said that she would not speak with the newspapers but would say directly what she had to say to the voters and taxpayers of the Town of Westport. Ms. Beaulieu apologized to the voters and taxpayers for the meeting of October 9th, which was a disaster and embarrassment, not only to herself, but to the Town of Westport. Ms. Beaulieu said that this Board invited a guest to join them, so that the Board could ask for some information that may have helped the Board make a determination. Mr. DiPippo, our guest from the Town of Dartmouth, was treated rudely by those who represent the much-published overwhelming majority. The group, as it did at Town Meeting, left this room immediately, as soon as in their opinion is the one and only important item for this Town, the discussion of the wind turbine was over. The group congregated in the halls, disrupting the Board of Selectmen meeting as well as other meetings taking place in this building on this floor; members of this group invited themselves to the employee’s lunchroom and helped themselves to items in the refrigerator and then left the room in disarray. This was a complete embarrassment to our Town. Ms. Beaulieu stated that the newspapers naturally pick up on what is happening in Westport, but need to look at things that are happening in their own cities or towns. Ms. Beaulieu stated that in one newspaper, it was stated that selectmen are obliged to follow the vote of Town Meeting; the Board of Selectmen are not obliged to follow that vote. Ms. Beaulieu said that the vote gives the Board an indication of what direction that the Town would like to go, the Board has made a commitment to the Town of Westport. Ms. Beaulieu said that her oath of office said that she would faithfully and properly discharge and perform all the duties encumbered upon her; and her duty is to protect the people of Westport. Ms Beaulieu noted two newspaper articles and the mistakes in them. Ms. Beaulieu asked that the newspapers give the people the truth, the facts and the figures regarding the overwhelming majority. Ms. Beaulieu said that she represents the other overwhelming majority in the Town and is proud to represent them and will continue to represent them to the best of her ability and to what she feels is fair and equitable to everyone in this Town. Ms. Beaulieu then stated that she would like to put her signature on the Wind Turbine Contract and put this matter to bed and move on with other matters that concern the Town. Ms. Beaulieu stated that the Wind Turbine will only be wired to the Town Hall because that is what the article on the warrant stated. Ms. Beaulieu also read minutes of July 30th regarding the wind turbine and the vote to award the contract to Mr. Pitney, thus showing that the Board was not stalling on this matter; and by that vote, the grant could be applied for. Ms. Beaulieu noted that since that time, things have been being changed with the contract, which has brought them to today.
Mr. Ouellette asked if there would be discussion before signing the contract.
Ms. Beaulieu said if there is something that Mr. Ouellette would like to discuss bring it forward.
Mr. Ouellette asked if the contractor has contacted Mr. Coughlin because the contract says that he would get paid over 13 years subject to the grant first because the grant was to be refunded to us after the Town put out the funds. Mr. Ouellette referred to the first page of the contract regarding the $18,000.00.
Mr. Coughlin said that his advice would be to sign the contract first, which encompasses in principle all that the contractor stated at the last meeting. After being signed, the contract would be forwarded to the contractor for his comment and review.
Mr. Mauk asked what the approved figure was at Town Meeting.
Ms. Beaulieu stated that it was $63,400.00. The Town would be applying for a grant for up to $45,000.00 that supposedly would take care of that part and the Town would pay $18,000.00. The wind turbine must be up and operating for one year before the Town would receive any payments.
Mr. Mauk stated that he would not sign the contract because he has been against this from the beginning.
Valerie Bain and Derek Frates RE: Cable Issues
Ms. Bain and Mr. Frates were present to discuss any issues with the Public Access Channel. Mr. Frates stated that he felt the program was progressing quite well. A variety of meetings were being covered. Mr. Frates felt that the Selectmen’s Room was not setup quite well, but it was something to be worked on. Mr. Frates did suggest that when someone, who was attending a meeting, wanted to address the Board, they should step up to the microphone that was being provided in order for the audio to improve. The system has been switched from VHS to DVD and a Power Point program was being installed. Ms. Bain stated that the DVD’s have been being saved in an archive, they take up less space and cost less; the VHS tapes, which were being reused, are being phased out.
Ms. Beaulieu asked if a caption could be placed on the screen at the bottom, in order to identify the meeting and date of the meeting that was being aired. Mr. Frates stated that something could be inserted. Mr. Frates stated that he would like to see the pool of people who tape meetings increase. Ms. Bain stated that there were only two people being paid to tape meetings, one for the Board of Selectmen and the other for the Conservation Commission meetings, other than that it is all volunteers. Ms. Beaulieu noted that while the Conservation Commission meetings were being taped, the camera never moved. Mr. Frates noted that the setup for the Conservation Commission meetings was terrible but he will be looking at the situation. Ms. Beaulieu asked if there were any suggestions. Mr. Albert suggested that a regular snake be used rather than the setup now with all the wires running to the table for the Selectmen’s meetings. Mr. Frates stated that there is a four-camera mount but the construction that is involved would require a dedicated room. Mr. Ouellette asked if there were any major upgrades expected, and if there were, was the money available. Also, Mr. Ouellette asked if the School Department was getting involved. Mr. Frates stated that they were looking at new digital editing equipment and the money would be there and as for the School Department, they seem to do their own thing. Ms. Bain stated that more people needed to be involved because this was a public access channel. Ms. Bain stated that she does do dubs, but it does take time. Ms. Bain also stated that training was available and she was putting a brochure together that would be available soon. Ms. Betty Slade, a volunteer, stated that the problems mainly deal with the sound. Ms. Slade also mentioned that many meetings were not being taped other than the Board of Selectmen, Finance Committee and Conservation Commission. Ms. Slade asked how the issue should be addressed in order to get more volunteers. Ms. Slade stated that she does not get paid, but perhaps if some kind of compensation could be made, it may draw volunteers. Mr. Albert stated that he agreed with Ms. Bain that this was a public access channel and it should be being operated that way and as for dubs, it is costly. Mr. George Cataldo stated that he would like to congratulate Derek and Valerie on the great job that they have done so far. This is a public access channel but so far, there have not been any responses for volunteers including from the School Department. Mr. Cataldo stated that the public access coordinators were assets to the Town. Ms. Beaulieu asked that the information for volunteers be placed on the cable scroll.
Food First Westport, Inc. d/b/a Ellie’s Place, 1403 Main Road RE: Change of Manager request – Joan E. Casey-Amaral, Mgr.
Ms. Casey-Amaral was present. Ms. Beaulieu noted the change of manager was from Ms. Amaral’s husband to Ms. Amaral herself, with everything else remaining the same.
Motion made by Mr. Mauk to approve the Change of Manger request for Food First Westport, Inc. d/b/a Ellie’s Place, Joan E. Casey-Amaral, Manager. Second by Mr. Ouellette. The Board voted unanimously in favor.
Tech Auto World, LLC – Paul Cardoso, Mgr., 237-B State Road RE: Change of business name and manager
Mr. Paul Cardoso was present. Mr. Albert addressed Mr. Cardoso regarding the transfer of licenses. Mr. Albert stated that the process called for the license to come back to the Board of Selectmen before being transferred. Mr. Albert noted that although a license was incorporated, the Board of Selectmen holds a person liable.
Motion made by Mr. Ouellette to approve the change of business name to Tech Auto World, LLC – Paul Cardoso, Manager at 237-B State Road. Second by Mr. Rebello. The Board voted unanimously in favor.
Susan A. Oliveira, Council on Aging Director RE: Appointment of employee
Ms. Susan Oliveira and Ms. Patricia A. Roberts were present. Ms. Oliveira introduced Ms. Roberts and stated that due to Ms. Roberts’ previous experience and advanced degree, it is requested that Ms. Roberts begin this position at 100% hourly wage rate of $13.47.
Mr. Ouellette asked if Ms. Roberts would be maintaining records and minutes also. Ms. Oliveira stated that Ms. Roberts would not be doing minutes, she would be maintaining records for the Social Day Care Program.
Motion made by Mr. Mauk to appoint Patricia A. Roberts as the Activity Director/Administrative Assistant for the Senior Social Day Care Program. Second by Mr. Ouellette. The Board voted unanimously in favor.
Question and Answer Period
1. Ms. Gay Newcomer questioned the satellite at the Town Hall Annex and stated that she had a few questions about committees, contracts and budgets.
Ms. Beaulieu stated that there was a meeting with the installer about two weeks ago but we have not received an answer yet. The new plan has not been received but the installer stated that there should be no problem in putting the satellite up and installing it.
Ms. Newcomer mentioned that she did attend the Mass Access Program and it was very informative.
Correspondence Requiring Action and/or Reading
1. Motion made by Mr. Ouellette to appoint Robert Kowalczyk as School Representative to the Capital Improvement Planning Committee and Kelley Cooper as School Representative to the Educational Fund Committee as recommended by the School Department. Second by Mr. Mauk. The Board voted unanimously in favor.
2. Motion made by Mr. Mauk to approve the request of the Westport River Gardeners to enhance the appearance of the Town Hall. Second by Mr. Rebello. The Board voted unanimously in favor.
Mr. Mauk encouraged the use of stamped concrete for safety reasons and that the trim edging be flat and not turned up, in order for the maintenance people to mow the lawn without interruption. Also, Selectmen Ouellette asked that the Westport River Gardeners contact Mr. Glen Ballou, Town Hall Custodian, regarding the proposed plan and to work with him on any issues.
3. Motion made by Mr. Mauk to approve the request of the Conservation Commission for the hiring of a temporary part-time clerk with the caveat that the coordination of this is done through the Town Administrator. Second by Mr. Ouellette. The Board voted unanimously in favor.
4. Motion made by Mr. Mauk to authorize Chief Legendre and the Town Administrator to get a couple of more quotes for the repair and maintenance of the fire hydrants in the north end of Town and to identify where the money would come from and to report back to the Board of Selectmen. Second by Mr. Ouellette. The Board voted unanimously in favor.
Ms. Beaulieu stated that she checked with the Fire Chief and there is about 50 hydrants along Route 6 that have never received maintenance. Ms. Beaulieu stated that one quote was around $150.00 per hydrant plus $45.00 per marker of each hydrant bringing the total for testing and maintenance around $7,500.00.
5. No action taken.
6. Motion made by Mr. Mauk to approve the name change of a Class II License to Pre-Owned Cars & Trucks of Westport, LLC d/b/a Mike’s Auto. Second by Mr. Rebello. The Board voted unanimously in favor.
7. Motion made by Mr. Ouellette to present a special citation to Dr. William F. Wyatt for his contributions while serving on the CPC Committee and the Westport Historical Commission. Second by Mr. Albert. The Board voted 3 in favor; 2-opposed (Mauk, Beaulieu).
8. Motion made by Mr. Ouellette to appoint Gary Mauk as Board of Selectmen Representative to the Financial Policy Team/Working Group. Second by Mr. Albert. The Board voted 4 in favor; 1-abstained (Mauk).
Town Administrator’s Report
Issues / Projects:
2. Motion made by Mr. Mauk to approve the contract with Municipal Benchmarking, LLC in the amount of $7,500.00 with the money coming from the Board of Selectmen’s Budget-Professional Services; also the Board of Selectmen Chairman should replace the Town Administrator regarding the signing of the contract and to allow for the Chairman of the Board to sign the contract. Second by Mr. Rebello. The Board voted unanimously in favor.
3. Motion made by Mr. Ouellette to approve the issuance of the Request for Proposals for the Library Addition Building Project Design Services. Second by Mr. Albert. The Board voted unanimously in favor.
Noted was a change in the RFP for 816 Main Road instead of Main Street.
4. Motion made by Mr. Mauk to approve a temporary easement to Southwind Construction to access the ocean side of the Beach over Town-owned land off Cherry & Webb Lane and the use of the Town-owned parking lot on the river-side of Cherry & Webb Lane from October 1, 2007 through January 30, 2008 for the dredging of the harbor. Second by Mr.Ouellette. The Board voted unanimously in favor.
5. Motion made by Mr. Mauk to approve the Special Municipal Employee Status to the Housing Partnership. Second by Mr. Rebello. The Board voted 4 in favor; 1-opposed (Ouellette).
6. Motion made by Mr. Ouellette to appoint Leo St.Onge as Constable-Civil Process Only. Second by Mr. Albert. The Board voted unanimously in favor.
Consider/Reconsider
1. Motion made by Mr. Mauk to forward the legal opinion from Town Counsel regarding the proposed line of site easement on Cornell Road to the Planning Board. Second by Mr. Ouellette. The Board voted unanimously in favor.
2. Motion made by Mr. Rebello to approve with amendments the Regular Meeting minutes of October 9, 2007. Second by Mr. Albert. The Board voted unanimously in favor. Amendments: Page 2: change tree/wind maps to true wind maps; Page 4 include Finance Committee to motion made by Mr. Mauk in the last paragraph.
3. Motion made by Mr. Ouellette to approve the request to host “Trick or Treaters” on October 31, 2007 by the Town Hall and Town Hall Annex employees. Second by Mr. Rebello. The Board voted unanimously in favor.
Other Issues
1. Mr. Mauk stated that he read the Diman Minutes and is proposing to the Board of Selectmen, that they invite in the School Representative to Diman to discuss the situation. Ms. Beaulieu noted that the Finance Committee has already taken the appropriate steps regarding this situation and of course, the Board of Selectmen is always invited to their meetings.
2. Mr. Mauk mentioned that the Flood Hazard Management Insurance could save Westport residents 45 percent on their insurance by enrolling in this plan. Ms. Beaulieu stated that most people are just happy having insurance due to a number of cancellations. Ms. Beaulieu stated that anyone could call and get the information.
3. Mr. Ouellette asked what the status of the New Voter Party with Richard Botelho was. Ms. Beaulieu stated that Mr. Botelho has been hard to reach with his time taken up campaigning for a mayoral candidate in Fall River.
4. Mr. Ouellette stated to the Board, that he does talk to the press; if we don’t talk to the newspapers, the newspapers won’t be able to report on what is going on. Ms. Beaulieu noted that at every meeting the press was there and they hear all that is said but they don’t report on it. As a common courtesy, Ms. Beaulieu noted that Mr. Ouellette should let the office staff know where he is, especially if he is going to be out of Town. Ms. Beaulieu noted that the office staff is aware of her whereabouts always.
Executive Session – 7:40 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 and approval of Executive Session Minutes of 09-24-07. Second by Mr. Ouellette. The Board voted unanimously in favor.
Roll Call Vote: Mr. Rebello-aye. Mr. Mauk-aye. Mr. Albert-aye. Mr. Ouellette-aye.
Ms. Beaulieu-aye.
Ms. Beaulieu announced that the Board would resume to Open Session following the Executive Session in order to adjourn.
Open Session
Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 8:12 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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