Westport News

Members Present:        J. Duncan Albert, Chairman
                                  Steven J. Ouellette, Vice Chairman
                                  Robert P. Rebello
                                  Brian T. Valcourt
                                  Gary E. Mauk, Clerk

Also Present:             Michael Coughlin, Town Administrator

Chairman Albert called the Board of Selectmen meeting to order at 5:30 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
Motion made by Mr. Ouellette to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss pending litigation and approval of Executive Session Minutes.  Second by Mr. Valcourt.  The Board voted unanimously in favor.

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

Mr. Albert announced that the Board would resume to Open Session following the Executive Session.

Open Session – 6:20 P.M.
Mr. Albert announced that the Board had recessed from Executive Session in order to hold the scheduled meeting but would reconvene to Executive Session following the Open Session.

Board of Assessor’s RE: Public Hearing – Property Tax Classification Hearing
The public hearing was opened at 6:25 P.M.  Attending for the Board of Assessors were Stephen Medeiros, John McDermott, Robert Grillo and Paul Matheson.  Mr. Medeiros stated the Assessor’s were recommending that the Town stay with the single tax rate system due to 90% is residential, 8% is commercial, ¼% is industrial and 1.4% is personal property (mostly the contents of 2nd homes).  In using the split rate, too much burden would be placed on the businesses.
Motion made by Mr. Mauk to maintain the one tax rate system based upon the recommendation of the Board of Assessor’s. Second by Mr. Ouellette.  The Board voted unanimously in favor.   The hearing was closed at 6:28 P.M.

Deputy Chief John Gifford RE: Appointment of Reserve Officer
Deputy Chief John Gifford and Nathanael J. Jones were present to request the appointment of Nathanael J. Jones-Seekonk, MA as a Reserve Officer to replace Reserve Officer Matthew F. Sheehan, who was appointed at the last Selectmen’s meeting but elected not to pursue the position due to personal reasons.  Deputy Chief Gifford stated this appointment would be contingent upon satisfactory background and medical checks and the completion of all prerequisite training as determined and required by the Westport Police Department.
Motion made by Mr. Ouellette to appoint Nathanael J. Jones as a Reserve Officer upon the recommendation of Deputy Chief Gifford.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Housing Rehab Advisory Committee RE: Community Development Strategies / Status Report
Nelia Williams and Marilyn Whalley were present.  Ms. Williams gave an update regarding the housing rehab project grant application for 15 properties including septic design, the updating of the ADA which was last done in 1994 and the possibility of a ramp at East Beach.  Ms. Whalley explained the Community Development Strategy, a prior report that was completed by the Town but only needed updating in order to be reused.  The report would need to include an ADA Transition Plan and a specific target area to be named which is the north end of Town due to the most activity that is shown, along with a copy of the minutes from the Public Hearing.  At this time, a public discussion must be held before December 15th with the revised strategy.  Ms. Whalley asked the Board to review the Community Development Strategy report and submit any comments by Tuesday, November 25, 2008, which at that time, they will be reviewed at the public discussion to be held during the Economic Development Task Force’s meeting at 7:00 P.M.  Ms. Whalley stated they were seeking the support of the Selectmen on this project.
Motion made by Mr. Valcourt to approve moving forward as described.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Jordan G. Harrop RE: Appointment as Public Access Equipment Operator
Mr. Jordan G. Harrop was present and introduced himself to the Board members.  Mr. Harrop stated he has done this type of work before at the Elementary and High School levels and will be continuing his education into college.  Mr. Harrop presently attends Durfee High School.  The Board welcomed him and wished him good luck.

Darleen A. Marsland RE:  Appointment as Public Access Equipment Operator
Ms. Darleen A. Marsland was present and introduced herself to the Board members.  Ms. Marsland stated she had no experience other than operating a home video camera but is willing to learn.  Ms. Marsland is looking for a part-time job and is available at night to cover meetings.
Motion made by Mr. Ouellette to appoint Darleen A. Marsland as a Public Access Equipment Operator.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Francis Correiro – F & R Auto Sales, 585 State Road RE: Continued public hearing on a request for an increase in vehicle limit for a Class II License
The continued public hearing was opened at 6:45 P.M.  No abutters were present.  Mr. Albert stated that an onsite visit was conducted on November 10, 2008 with all the Board members, Fire Chief and Building Inspector present. This onsite was to come to agreement over the concerns of the Board members.  At the onsite, the layout was reconfigured and removal of an overhead electrical wire was agreed upon.  A new revised plan was present at tonight’s meeting.  Mr. Correiro stated that the electrical wire has been removed and the fire lanes are being kept clear.  Mr. Valcourt highlighted the parking plan to show employee parking.  Mr. Mauk noted police reports, which were received regarding complaints against this business.  Mr. Correiro stated that he is the owner and is onsite most of the time; also, there is no more parking across the street at the Oriental Pearl.
Motion made by Mr. Valcourt to accept the new revised parking plan for 39 vehicles which includes 35 vehicles for sale and 4 employee/customer vehicles; fire lanes are to remain unobstructed 24 hours a day; parking of vehicles is per approved parking plan in the Selectmen’s Office; only 23 vehicles are allowed to be parked in the front parking area; 5 vehicles are to be parked in the garage; 2 vehicles are to be parked between the office and garage; 5 vehicles to be parked in the rear of property and removal of the overhead wiring.  This approval is not for renewal purposes, it only to approve the increase in vehicle limit.  Second by Mr. Ouellette.  The Board vote 4 in favor, 1-opposed (Rebello).  Mr. Rebello stated that he was opposed due to the fact that he has driven by the property and it has been in violation twice.  The hearing was closed at 6:55 P.M.

Housing Partnership Committee RE: Status Report
This item was postponed per request of Brian Corey, Chairman of the HPC.

Question and Answer Period
None.

Correspondence Requiring Action and / or Reading
1. No action was taken on the memo received from Glen Ballou regarding the roof over the Town Hall Sign.  This matter will be addressed at the next Board of Selectmen’s meeting.  The Board requested prior meeting minutes addressing this matter, in order to be reviewed.
2. Motion made by Mr. Mauk to appoint Christine Vezetinski as an Alternate Member to the Historical Commission and to invite Ms. Vezetinski to the next Board of Selectmen’s meeting in order to meet and greet her.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
3. No action was taken on the memo received from the Buzzards Bay National Estuary Program regarding a request for review and comments on a draft Buzzards Bay Watershed Regional Open Space Plan.  Mr. Michael Sullivan, member of the Westport Econonic Development Task Force, stated he believed the Board of Selectmen should take part in this project by submitting their comments or views and to join the Buzzards Bay group in this action.
4. No action was taken on a letter received from Ann Chandanais regarding the Flag Lowering Policy.
5. No action was taken on a Public Notice received from the US Army Corps of Engineers announcing two Scoping Meetings on December 2, 2008 at 6:30 P.M. at UMass Dartmouth and December 3, 2008 at 6:30 P.M. at Taunton High School regarding a proposed establishment of passenger rail service between Boston and the New Bedford/Fall River area by South Coast Rail.

Town Administrator Report
Issues:
1. Mr. Coughlin gave an update regarding the dredging project.  Mr. Coughlin stated the official go ahead has been given, there has been a pre-construction meeting and the work will commence the following week.  Mr. Coughlin thanked Representative Michael Rodrigues and Lt. Governor Tim Murray for helping to make this happen.  Mr. Coughlin stated that on Tuesday, November 25, 2008 at 2:00 P.M. the Town Officials will be invited to attend the “First Shovel” ceremony of this project.
2. Mr. Coughlin stated the Town Hall has been awarded a grant from MTC for Solar Powered Lighting System for the Town Hall sign.  The equipment will be delivered and union electricians will be contacted to install the lighting, working with Glen Ballou to coordinate this project.
3. Mr. Coughlin stated that he has been working with legal counsel regarding “best practices” for the licensing procedure.  Attorney Jeffrey Blake was present and explained the problems of Class I, II and III Licenses, which include non-notification of transfers, property or person become unsuitable, etc.  The Board needs to have a little more control over this area.  Attorney Blake stated the Board could require the applicants coming in for renewal to have to fill out an abbreviated application.  That information can be compared to the information that is on file and if there is a discrepancy, a hearing can be held to correct the problem.  Mr. Coughlin stated a Task Force, consisting of the Police, Fire and Building, would conduct on-site inspections for recommendations of a site suitable in addition to the abbreviated renewal form.  Attorney Blake stated he was happy to work with Mr. Coughlin to create an abbreviated renewal application form.  Attorney Blake stated that language can be inserted into the application and license to cover the Town.  Mr. Coughlin stated that renewal time is the best time to correct outstanding issues, in particular, a suitable site and suitable person.  Attorney Blake stated that if time does bear down for renewals, the Board may allow for extension dates.

Consider / Reconsider
1. No action was taken regarding the Water Agreement with the City of Fall River.  It will be reviewed and addressed at the next Board of Selectmen’s meeting.
2. Motion made by Mr. Mauk to approve the Order of Taking – Line of Sight Easement for the northerly side of Cornell Road.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
3. Motion made by Mr. Mauk to approve the Regular Meeting Minutes of November 3, 2008.  Second by Mr. Rebello.  The Board voted unanimously in favor.  Mr. Valcourt requested that the minutes be checked over for a transposition of wording he noted.
4. Motion made by Mr. Mauk to approve the On-Site Meeting Minutes of November 10, 2008 with amendment.  Second by Mr. Ouellette.  The Board voted unanimously in favor.  Amendment: Page 1 – delete “The Board voted unanimously in favor” and insert “The Board voted 4 in favor, 1-abstention (Rebello).

Executive Session – 7:53 P.M.
Motion made by Mr. Mauk to reconvene the Executive Session.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

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

Mr. Albert announced that the Board of Selectmen would return to Open Session following the Executive Session.  

Open Session – 8:40 P.M.

Other Issues
1. Mr. Ouellette stated that he has received numerous complaints regarding the Sanford Road intersection traffic lights that direct from East to West.  Apparently, there is no delay and cars are still cutting each off.  Mr. Ouellette stated he is going to let Representative Rodrigues know about this situation and perhaps, Mr. Coughlin could make Mass Highway aware of this matter also.  Mr. Valcourt stated that he experienced the problem firsthand himself.
2. Mr. Rebello questioned the fact that there are people living at the Theberge property at 851 State Road.  Also, Mr. Rebello thought a “cease and desist” order was issued for that property, but the activity still seems to be going on with trucks moving constantly in and out of the property.
Motion made by Mr. Rebello to send a letter to the Building Inspector regarding the activities still going on at the property and the issuance of the “cease and desist” being ignored.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
3. Mr. Valcourt stated that he attended a Landing Commission meeting, at which the Landing Commission mentioned that perhaps they have found two more landings at the Harbor.  They would like to continue to research into this matter and expressed concern that they would like to get the Board of Selectmen’s support on this matter.
4. Mr. Valcourt also asked how the East Beach Task Force was coming.  It was noted that two more members were being waited on (Conservation Commission and Planning Board).  

Motion made by Mr. Mauk to adjourn the Board of Selectmen meeting at 8:45 P.M.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Adjournment.

Respectfully submitted,

Diane Pelland, Confidential Clerk
to the Board of Selectmen


APPROVED: Gary E. Mauk, Clerk