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BOS Minutes 12-03-07

BOARD OF SELECTMEN
REGULAR MEETING MINUTES
DECEMBER 03, 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.

Mary Patricia Feitelberg RE: Request for Appointment as a Public Access Equipment Operator
Ms. Mary Feitelberg was present.  Ms. Feitelberg stated that she enjoys filming and presently does do some filming for the Town.
Motion made by Mr. Mauk to hire Mary Patricia Feitelberg as a part-time Cable Access Equipment Operator.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Mary Ann Vespa RE: Request for placement of Planet Aid Boxes
Ms. Mary Ann Vespa was present.  Ms. Beaulieu, prior to speaking with Ms. Vespa, read aloud a letter received in correspondence (#3) from Agatha St. Amour asking denial of the permission being sought by Planet Aid to place boxes in Town.  Ms. Beaulieu noted that the Fire Department has asked for consideration in not placing boxes on the properties because they don’t have the room and they have just cleaned up the areas.
Discussion ensued regarding placement of present boxes, the unsightliness, employment prospects and the non-profit status of the company.  Ms. Vespa stated that the present boxes could be replaced with new ones, which are made of wood and look like houses. Mr. Ouellette stated that he was for recycling and helping out, but he did not want to see these boxes all over Town. Mr. Ouellette also felt that the containers should be at least 20 ft. off the roads. Mr. Mauk felt that presently at the Town Landfill, there was a goodwill trailer for donations of this type and the goodwill employed people locally and helped out locally.  Mr. Mauk was not in favor of placing Planet Aid boxes in Town.  Mr. Mauk said that he was not against Planet Aid and that they could continue dealing with private businesses but he was against the boxes being placed on town-owned property.  Mr. Albert stated there has been some criticisms about Planet Aid as a commercial non-profit organization.  Mr. Albert stated that he agreed with Mr. Ouellette in regards to boxes in residential areas but just to be fair, he would say that a box could be placed at the landfill.  .0.0Mr. Rebello stated that his problem was what happens with the boxes such as everything other than clothing and shoes being dropped off. Mr. Rebello stated that he was not against Planet Aid or donating but he did not see any room at the Fire or Police Stations.
Motion made by Mr. Mauk to deny the request of Planet Aid in placing collection boxes on public property.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Martin P. Urban – AutoPlus Motorcars, 615 State Road RE: Complaint – Deliveries on Route 6
Mr. Martin P. Urban was present.  Ms. Beaulieu stated that the Board of Selectmen has asked Mr. Urban in this evening because of an accident, which took place on Route 6 while vehicles were being delivered to Mr. Urban’s business.  Ms. Beaulieu asked Mr. Urban what he would be doing about this situation, because at the hearing last year for a request of change of location for a Class II License to be located at 615 State Road, it was stated by Mr. Urban that vehicles would be unloaded at another site and then transported to his business.  Mr. Urban stated that he contracts with transporters, who make deliveries to his business once or twice a week.  Mr. Urban stated that when that accident occurred, the Dept. of Transportation responded and found no violation on the transporter’s part.  Mr. Urban stated that the transporters couldn’t drive into his property because the incline of the driveway won’t allow it and even if they were to try to back up onto the property, it would impede both lanes of Route 6. Mr. Urban noted that the deliveries he receives are only 3 or 4 cars at a time.  Mr. Ouellette noted to Mr. Urban that parking on Route 6 is illegal and that is according to 720 CMR 9.03(2) no person shall stop, stand or park a vehicle upon any State Highway except as otherwise provided when official signs allow parking for designated time or an emergency.  Mr. Mauk stated that if that is true, then oil deliveries and trash pick-ups must be stopped; if the rule is no parking, it will be the same for everyone.  Mr. Albert noted that when the cable or electric companies must do work on Route 6, they hire police details.  Mr. Urban stated that if he could come up with a solution, he would be willing to work with the Board of Selectmen on it.  Mr. Urban stated that he contracts with the transporters and they are their own business.  Mr. Mauk stated to Mr. Urban that it is just a matter of when something will happen and it would be in Mr. Urban’s best interest to rectify the situation now.  Mr. Rebello said that Mr. Urban stated at the last meeting, that the trucks would not be on Route 6 for deliveries.  Mr. Rebello felt that until a remedy is found, a detail should be used when deliveries are made.
Motion made by Mr. Mauk to have Mr. Urban come back to the Board of Selectmen meeting on Monday, December 17, 2007 at 6:30 p.m. with a plan to rectify the situation for accepting deliveries of vehicles at his business located at 615 State Road.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Jennifer Holske RE: 3 Conservation Restrictions

Ms. Holske was present.  Mr. Mauk asked that this item be put off until the December 17th Board of Selectmen meeting in order for him to gather more information regarding conservation restrictions.  Ms. Holske stated that the restrictions must be on record by December 31st in order for the donors to receive tax benefits being offered by the IRS.
Mr. Rebello asked if the benefits would be available next year.  Ms. Holske replied no.
Ms. Holske stated that the property, when placed under a conservation restriction, does not leave the tax books for the Town, it only restricts future development.  Mr. Coughlin stated that with this provision from the IRS there would be a flurry of this type of thing happening.  Mr. Rebello stated that he has no problem in allowing this.  Mr. Mauk stated that if there is a tax benefit, everyone should have been made aware of it, there should have been an announcement.  Mr. Ouellette stated that the information is out and available for anyone, all they have to do is ask.
Motion made by Mr. Rebello that the Town Administrator Mr. Coughlin and Ms. Holske contact the State regarding the expedition of these conservation restrictions and if the time constraint requires it, a special meeting will be called to handle the conservation restrictions.   Second by Mr. Ouellette.  The Board voted unanimously in favor.

Question & Answer Period
None.

Correspondence Requiring Action and / or Reading
Ms. Beaulieu read aloud a thank-you card received from Ann Chandanais regarding the installation of the automatic door opener for the Town Hall elevator.

1. Motion made by Mr. Mauk to appoint Patricia deVillers as a temporary member to the Water & Sewer Committee and expiration of term will be upon the return of a current member who is serving in Iraq.  Second by Mr. Rebello.  The Board voted unanimously in favor.
2. Motion made by Mr. Mauk to authorize a one-time stipend of $1,908.00 to be paid to Leone Farias out of this year's funds.  Second by Mr. Rebello.  The Board voted 4 in favor, 1-opposed (Ouellette).  
Mr. Ouellette stated that he was against this, Leone Farias does a great job but people have approached him and he wants it to be clear across the board especially when the Town faces financial constraints.
3. A letter received from Agatha St. Amour was addressed under the Planet Aid agenda item for permission to place collection boxes on public property.
4. A letter received from the Coalition for Buzzards Bay seeking support for immediate reduction of river herring catch in Atlantic Herring Fishery will be posted on the Town Hall bulletin board.
5. Motion made by Mr. Rebello to approve the request to close the Town Hall and Town Hall Annex on Friday, December 21, 2007 for one hour in order for the employees to hold their annual potluck lunch and the announcement for closing be posted.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
6. Motion made by Mr. Mauk that the letter received from DCR regarding consideration for possible acquisition of approximately 5 acres of land abutting Horseneck Beach Reservation and the Let in Westport be posted in the Town Hall; that the Board authorize Gary Mauk to sign as clerk, the Certification of Announcement; and that the Board authorize Veronica Beaulieu to sign as chairman, the 120-Day Waiver Form.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Town Administrator’s Report

1. Motion made by Mr. Ouellette to appoint Christine Sylvia as a voting representative to the Southeastern Mass Health Group (SMHG).  Second by Mr. Rebello.  The Board voted unanimously in favor.
2. Motion made by Mr. Mauk to close the Town Meeting warrant for both petition and regular articles on Friday, January 18, 2008.  Second by Mr. Albert.  The Board voted unanimously in favor.
3. Motion made by Mr. Mauk to set the following Board of Selectmen regular meeting dates: January 14 & January 28, 2008 and February 11 & February 25, 2008.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Consider / Reconsider
1. Motion made by Mr. Rebello to deny the request for underground electrical service to 25 Fairway Drive based on the recommendation from National Grid.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
2. Motion made by Mr. Rebello to approve the renewal of the Annual Liquor Licenses for 2008 noting that there were no outstanding issues reported by the Police Department.  Second by Mr. Ouellette.  The Board voted unanimously in favor.


Other Issues
1. There was discussion regarding the completion of the Town Hall sign design submitted by Mr. Ballou, custodian.  
2. Mr. Ouellette asked permission from the Board to attend the 2008 Smart Growth Energy Conference; the price to attend is $60.00.  
Motion made by Mr. Rebello to approve of Mr. Ouellette attending the 2008 Smart Growth Energy Conference, with the registration fee coming out of the Selectmen’s Budget.  Second by Mr. Albert.  The Board voted unanimously in favor.
3. Mr. Ouellette noted that SRPEDD had paraphernalia available regarding the casino issues if the Board of Selectmen were interested.

Executive Session – 7:48 P.M.

Motion made by Mr. Ouellette to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss an Injured On Duty – Police Department and Litigation – Police Department.  Second by Mr. Rebello.  The Board voted unanimously in favor.

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

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

Open Session – 9:30 P.M.
Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 9:31 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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