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BOS Minutes 11-19-07

BOARD OF SELECTMEN
REGULAR MEETING MINUTES
NOVEMBER 19, 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.

Royal Liquors & Convenience, Inc. d/b/a Westport Wine & Spirits – Dawn M. Ledoux, Manager located at 655 State Road RE: Transfer request for an All-Alcohol Package Store Liquor License
The public hearing was opened at 6:01 p.m. with Ms. Beaulieu reading the public hearing notice aloud.  Ms. Dawn M. Ledoux was present.  Mr. Ouellette asked Ms. Ledoux if she had any training in working with the sale of alcohol through the Police Department.
Ms. Ledoux stated not at this time but has plans on doing the training in the future.  Ms. Ledoux stated that she and her husband have owned Royal Liquors for 15 years and Swidey’s Variety for 2 years.  At this time, Ms. Ledoux stated that she planned on keeping the present employees who come highly recommended and they have had the training from the Police Department.
Motion made by Mr. Mauk to approve the transfer request of an All-Alcohol Package Store License to Royal Liquors & Convenience, Inc. d/b/a Westport Wine & Spirits, Dawn M. Ledoux, Manager at 655 State Road with the condition that the training and alcohol education program is conducted through the Police Department.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Westport River Watershed Alliance – Gay Gillespie RE: 2007 Report on Health of the Westport River

Ms. Gay Gillespie and Mr. David Cole were present.  Ms. Gillespie stated that the report is conducted every two years in conjunction with the Estuaries Committee.  The funds for this project are through a grant with the Westport Fishermen’s Association and the Estuaries Project.  Ms. Gillespie stated that all three groups collaborated on this project.  The report encompasses water quality analysis and bacteria analysis.  Ms. Gillespie stated that the results of the report show that the health of the river is not good.  The levels of nitrogen and bacteria were addressed.  Ms. Gillespie stated that the levels at the mouth of the Westport River were good because of the flushing action but deterioration further up the Westport River was due to septic systems, stormwater runoff and agricultural fertilizing.  Mr. Cole stated that the Estuaries Committee has taken some direction on this. Mr. Cole said that the east side of the River has been completed and they are working on the west side of the River.  Mr. Cole also stated that they were working with the schools in regards to their parking area stormwater runoff.  Ms. Gillespie stated there is a commitment with the Town of Dartmouth regarding a twenty-nine home development in which they are working together to modify the regulations.  The use of cluster systems is being looked at in order to reduce the amount of nitrogen being released.  Ms. Gillespie stated that farms and land trusts are being worked with also to develop shoreline stewards and alerting homeowners to the use of lawn fertilizers.  Ms. Gillespie stated that all these steps will help to improve the health of the Westport River.
Mr. Ouellette stated that he appreciated all the work that has been done this far.  Mr. Rebello mentioned an article by Mr. Burns.  Mr. Mauk stated that the article made a lot of sense but he believed that the Westport River Watershed Alliance should run with this and not the Conservation Commission. Mr. Mauk also stated that the Stormwater Management Committee has not met since July.  Mr. Mauk asked if this presentation by the Westport River Watershed Alliance would be made to surrounding towns such as Dartmouth, Fall River, Little Compton, Tiverton and Freetown.  Mr. Mauk stated that all surrounding towns should rally in helping to clean up.
Mr. Cole stated that letters have been sent and there have been meetings; there will be work with other towns once there is a specific item.  Mr. Cole stated that the focus is presently on new developments.
Ms. Beaulieu stated that there has been a meeting with the School Superintendent and the Chairman and Vice Chairman of the School Committee regarding the runoff by the schools.  Ms. Beaulieu believed that the meeting was on November 13th.
Ms. Gillespie stated that the school has voted to go forward with the project; once an okay is received, an RFP will be put out for underground stormwater storage.  Ms. Gillespie stated that runoff from the Library should be looked at, especially with the new addition being done.
Ms. Marjorie Holden stated that one of the biggest runoffs was from a farm that is on the river.
Mr. Cole stated that the State has shut down the feed from that farm.  There are other farms and septic systems still causing problems.  Ms. Gillespie stated that there are at least a half-dozen farms still on the river.  Mr. Cole stated that the old Pimental Farm has been taken over and they are making improvements.  Ms. Gillespie also mentioned that the Agricultural Commission has been contacted regarding this matter.

Question and Answer Period

1. Mr. Emile Morad asked if he could get copies of the Board of Selectmen meeting minutes of August 13, 2007.
Mr. Coughlin stated that the minutes have been copied and gave the copy to Mr. Morad.

Correspondence Requiring Action and/or Reading

1. Motion made by Mr. Mauk to put the request from Planet Aid to place boxes on Town property on hold and to invite Ms. Vespa to the next Board of Selectmen meeting in order to speak with her.  Second by Mr. Albert.  The Board voted 3 in favor, 2-opposed (Rebello, Beaulieu).
2. No action was taken regarding the Plan Review of a Special Permit Application for Inclusionary Housing for Songbird Estates submitted by the Planning Board.
3. Motion made by Mr. Mauk to forward to the Building Inspector all information received regarding a request to open Fairway Drive and bury electrical service; to request any recommendations, a plan of the area and to advise whether there are any possible conservation issues.  Second by Mr. Rebello.  The Board voted unanimously in favor.
4. No action was taken regarding the resignation of Nancy A. Carrignan as Clerk to the Finance Committee.
5. Motion made by Mr. Albert to invite Mr. Urban to the next Board of Selectmen’s meeting to discuss the complaint received regarding the unloading of vehicles at his business on Route 6 and to get information from the Police Department as to whether this practice is illegal and if it is, to issue a “Cease and Desist” until the matter can be resolved.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
6. Motion made by Mr. Ouellette to approve the request of the Town Hall, Library and Cemetery employees to combine the ½ day before Christmas and the ½ day before New Year’s Eve into one full day off before Christmas and to work the full day before New Year’s Eve.  Second by Mr. Rebello.  The Board voted unanimously in favor.  This is to be posted on the cable scroll and the bulletin board.

Town Administrator’s Report
Issues / Projects:
1. Appointment of Public Access Equipment Operator
It was requested that Mary Patricia Feitelberg be invited to the next Board of Selectmen meeting on December 3, 2007 in order for the members to speak with her.
2. Approval of Phase II Scope of Work – Main Road Safety Study
Motion made by Mr. Ouellette to approve the Phase II of the Nitsch Project # 6264, Westport  - Main Road Safety Study.  Second by Mr. Albert.  The Board voted unanimously in favor.
3. Update on Beach Avenue
Mr. Coughlin gave his recommendation that a “closure” of Beach Avenue remain in effect.  Mr. Coughlin stated that the “Westport Harbor Neighborhood Association” has retained legal services to put together an article to be submitted at Town Meeting and this should bring forth a solution to the problems on Beach Avenue.
Mr. Emile Morad stated that this is a public road, why couldn’t the Town just clear up the safety issues and open the road again.  Mr. Morad stated that he is being denied access to his property.  Mr. Morad stated that he has approximately 1 ½ acres and he has not been to his property since August when the road was closed.
Ms. Beaulieu noted there are safety and environmental concerns that have not changed.  A chain was placed across the street but it has been cut, so Mr. Sisson from the Highway Department has placed boulders across the road.  At the prior meeting, the sentiment was for the neighbors to come forward with suggestions of how to resolve the issues.  The neighbors have now come forward stating that they have retained legal services in order to go to Town Meeting with an article regarding Beach Avenue.
Mr. Albert noted that if a gate was placed at the entrance to Beach Avenue, any resident would be entitled to a key but if the Association owns the road, they have control over who enters it.
Mr. Morad questioned the fact that the Town owned property on Beach Avenue and how was the Town going to close a public road.
Mr. Mauk stated to Mr. Morad that if the road became gated, it would increase the value of his property.
Mr. Morad asked that the boulders be moved up to his property so he could have access.
Mr. Coughlin stated that the Police Department made the recommendation of closing the road and where to place the barrier.
4. Request received from Beverly Kut seeking support of an “Exercise Program” for Town Hall Employees.
Motion made by Mr. Ouellette to approve the use of the Town Hall Annex for an exercise program to be implemented by Beverly Kut.  Second by Mr. Mauk.  The Board voted unanimously in favor.

Other Issues

1. Mr. Ouellette mentioned finalizing the date for Special Town Meeting.  Mr. Ouellette stated that a memo needed to be sent to the various departments.  Mr. Mauk said that the date could formally be set at next meeting.
2. Mr. Mauk commented on the good job in the installation of the elevator door.  Ms. Beaulieu noted that the south side of the Town Hall Annex needed painting badly.  Mr. Coughlin stated that he is working with Mr. Cataldo to get the Sheriff’s Department to complete the work.
3. Mr. Mauk stated that he spoke with Mr. Coughlin regarding implementing a check-off sheet to be sent to each department during license renewals in order to handle outstanding issues with the applicant and each department.  Mr. Coughlin stated that Ms. Pelland has already put together a memo and check-off sheet for outstanding issues to be distributed to the various departments in conjunction with the license renewal period.

Consider / Reconsider

1. Motion made by Mr. Albert to approve the regular meeting minutes of October 22, 2007.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
2. Motion made by Mr. Rebello to approve the regular meeting minutes of November 5, 2007.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
3. Motion made by Mr. Mauk to appoint Ms. Lisabeth White to the Estuaries Committee.  Second by Mr. Rebello.  The Board voted unanimously in favor.

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 an Injured on Duty – Police Department and to approve of Executive Session Minutes of 10-22-07 & 11-05-07. Second by Mr. Ouellette.  The Board voted unanimously in favor.

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

Ms. Beaulieu announced that the Board would resume to Open Session in order to adjourn.

Open Session – 7:59 P.M.

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 8:00 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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