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 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.

Thad’s Auto Salvage, Inc.  RE: Public Hearing on an application request for transfers of a Class II, Class III and Repair Licenses to Thad’s Auto Salvage, Inc., Marty Costa, Manager, to be located at 37 Charlotte White Road
The public hearing was opened at 6:01 p.m.  Mr. Mauk recused himself from the hearing.  Mr. Costa stated he purchased the business and has been recycling for the past two years and would like to continue. Mr. Costa stated that presently the business is scrap metal recycling, where they prepare the scrap metal; there are no hazardous materials, other than what comes in with autos, and that material is hauled away by Western Oil Environmental Co. of Rhode Island.  Mr. Costa said basically his business dismantles cars and then crushes them but at this time, there are no vehicles at the business.  The dismantling is done in the back building and not outside on the dirt area.  Mr. Costa stated that during the Fire Department’s Inspection, all codes were met and passed inspection.  Mr. Rebello stated currently, he has no concerns with transferring the licenses but he has received calls from abutters voicing concerns over wetland issues, oil, etc., the hours, especially on the weekends. Mr. Costa stated he instructed his employees that there be no activity on Sunday. Mr. Ouellette stated one of his concerns was the fact that Mr. Costa reported having no employees on his application.  Mr. Costa said that currently, there is 9 employees but when he purchased Thad’s, there was no employees. Mr. Ouellette asked if there was a 21E on the property and Mr. Costa stated no.
Sarah Vieira, 7 Kelsey’s Way stated she has an issue with trucks coming in and out and tractor-trailers parked on the road.  The trucks never stop at the end of the road before pulling out and there is work that has been going on all summer long, including Saturday and Sunday.  Also, there are tires and propane tanks all over the place.  Ms. Vieira stated that she has heard there will be another business located on the property soon. Ms. Vieira stated that Mr. Moniz used to run the car crusher maybe twice a week when he owned Thad’s and it is not the same noise that is happening now.  Mr. Costa stated that there is only Thad’s, Excel Recycling and Excel White Goods, which he is certified to handle, located on the property.  Also, there is no machinery running on Sunday.
Carole Mann, 21 Kelsey’s Way stated she owns a 28-acre horse farm. On Sunday, a horse was being ridden and due to the loud bang coming from Excel, the horse became frightened and threw the rider.  Ms. Mann’s concern was how much of the property is owned.  There are tractor-trailers parked on the side of Main Road also.  There is work being done on Saturday and Sunday.  The noise and the banging literally shake her home which is located over the horse barn.  Mr. Costa stated he purchased 5 acres.  There are tractor-trailers placed along side the property line to buffer the noise from the machines running.  As for the Saturday hours, they are from 7:00 a.m. to noon.  In speaking with the Town Clerk, it was felt that they are a sun-up to sundown business.
Mr. Richard Moniz, former owner of Thad’s stated he had his business located at this site since 1969 before Zoning came in and his licenses were grandfathered.  Any limits on the licenses were prior to zoning.  Mr. Moniz said that he had three slabs for dismantling installed with a pitch to collect all liquids properly.  Mr. Moniz stated he ran a clean business such as Mr. Costa is doing.
Ronald Price, 323 Main Road stated that he bought his property 3 years ago.  When he bought the property there was only a salvage yard, not a metal recycling business.  Mr. Price asked if a license was required for salvaging.  Mr. Albert responded a “Junk Collector’s License”.  Mr. Costa stated that he has filed one with the Town Clerk.
Mr. Price stated his concern was the loud noise, which sounds like a train wreck when it is happening.  There is a bylaw and it states that excessive noise is not allowed.  The noise is unbearable and there is an unusual amount of tires being stored.
Colleen Leonardo, 319 Main Road stated she purchased her home in 2005, and did not hear the noise before.  The noise is very annoying.  Ms. Leonardo stated that she has had to install a water system and has never had to do this since she moved to Westport in 1980 and lived at various locations throughout Town.  Also, she felt that the weekend work was unacceptable.  Mr. Valcourt stated that he has done the same thing with his water, its just there is a high content of iron and several metals all over Westport.
Edward Vieira, 7 Kelsey’s Way asked about the mounds of tires on the property.
Mr. Costa stated that the tires have recycle value and he is waiting to see what the market brings.  The tires will be recycled but due to poor market condition and the cost of transportation, he chose to hold that product rather than recycle.  Mr. Costa stated the sole purpose of tonight’s meeting was automobile licensing.  Mr. Costa said that he has invited all of the abutters to his property to view his business and to answer any questions they may have.  Mr. Costa said there is an easement over Thad’s property to the back property with a gate, which is located off of Charlotte White Road.
Mr. Valcourt said his concern was the noise, especially with little children and adults having their eardrums blown-out.  The complaints of the ground shaking are another concern.  Mr. Valcourt stated that he works all week long and if he were awakened on the weekend at 7:00 a.m. by loud noise he would find it unacceptable.  Also, there should be fences to buffer the noise.  Mr. Valcourt stated that in order for him to sign off, he would like a commitment for a noise barrier or buffer put in place.
Mr. Ouellette questioned a recycling business in a residential area; also, no slabs are being shown on the plan which was submitted, there are no employees being claimed and this is a residential area; a business has been added to the property and there are multiple businesses on the property that are not noted.
Mr. Coughlin suggested this application be taken under advisement, let the Zoning Enforcement Officer go to the site and report back to the Board of Selectmen, allow the applicant to make any additions/corrections to the parking plan, to correct the application paperwork and for the applicant to come back with information for buffer material.  Mr. Coughlin stated the Board would be looking at whether the site is a suitable location, whether there were other businesses located on the property and whether the applicant was a suitable person.  Mr. Coughlin stated the abutters have voiced their concerns tonight, along with the concerns of the Board members.  Mr. Coughlin suggested the applicant come back with a better set of plans, the applicant has recognized the sound situation and has made an attempt at buffering the noise by placing trailer trucks, also the applicant will need to adjust the hours of operation. Mr. Coughlin stated it would be beneficial to both sides to take this application under advisement and the applicant follows through with the suggestions made tonight.
Motion made by Mr. Ouellette to take this application under advisement, the suggestions to the applicant be followed up on, to temporarily extend the three licenses that are currently in place, to have the Zoning Enforcement Office visit the site and report back to the Selectmen, a site visit conducted by the Board members and an updated plan being submitted.  Second by Mr. Valcourt.  The Board voted 4 in favor, 1-absent (Mauk).  The hearing is concluded at 7:03 p.m.

Richard Earle, Harbormaster RE: Discussion regarding Hix Bridge Boat Ramp
Richard Earle, Harbormaster was present.  Mr. Albert stated currently the Hix Bridge Boat Ramp is under the Board of Selectmen’s jurisdiction.  There is no budget for the boat ramp, just fees collected from the permits, which are deposited in the General Fund.  Mr. Valcourt stated the fees could fund the needed repairs at the ramp.  Mr. Mauk stated the management should be under the Harbormaster, not the Board of Selectmen.  Mr. Mauk suggested having Mr. Earle come back to the Selectmen with a proposed budget, any suggestions and proposals for funding such as a revolving fund or straight budget.  Mr. Albert noted the money would be taken out of the General Fund.  Mr. Earle stated that a lot needed to be looked at, such as what type of fund would be best, the policing of the ramp, the permitting process and the trash disposal, etc.  Mr. Earle stated the big issue would be the replacing of the floats.  Mr. Ouellette asked Mr. Earle to get input from the Landing Commission also.  Mr. Earle said that he would also seek the input of the Harbor Advisory Committee.  Mr. Mauk said a revolving fund was the way to go, an article for the warrant should be put together and asked Mr. Earle to let the office know if there is going to be a warrant article in order to retain space for it.  Mr. Ouellette stated he was not happy with taking money from the General Fund.
Motion made by Mr. Valcourt to allow the Harbormaster to prepare a “Management Plan” for Hix Bridge Boat Ramp and if needed, request article space be reserved on the Town Meeting Warrant.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

In an update, Mr. Earle stated that the dredging has ceased until June 1st and the State has extended the contract until June.  The project is about 60 to 65% complete.

Executive Session RE: School Security – 7:30 P.M.
Motion made by Mr. Ouellette to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss school security.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Roll Call Vote:  Mr. Ouellette-aye.  Mr. Rebello-aye.  Mr. Mauk-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 – 8:15 P.M.
At this time, Mr. Mauk read a letter received from Patricia Stetson, Principal Clerk – Building Department regarding her retirement.  
Motion made by Mr. Mauk to accept the letter of retirement of Patricia Stetson effective February 2, 2009 and to send a letter of thanks; also, that the job opening be posted.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Question and Answer Period
1. Tom Hancock wanted to discuss the release of an “Anonymous” letter by the Board of Selectmen.
Mr. Hancock felt the Board members should not have discussed an anonymous letter in public, it should have been done in Executive Session.  Mr. Hancock stated the newspapers printed a story about the letter and now, the employees involved with the company will never get any justification, all caused by an anonymous letter.  Mr. Valcourt stated he did not remember discussing the letter but instead referring it to the Police Department and the School Department, with no one stating what the letter read or who it was about; the letter was never read aloud.  Mr. Mauk stated sometimes when something like this comes along and you now have knowledge of it, there is an obligation of what must be done.
2. George Cataldo stated he had copies of the “Flag Etiquette” and only the President of the United States or the Governor of a State can order the lowering of a flag to half-mast.  Mr. Cataldo suggested the Town’s flag is used for such occasions and it can be flown below the US Flag.  Mr. Mauk requested copies of the “Flag Etiquette”.

Correspondence Requiring Action and / or Reading
1. No action taken.
2. No action taken.
3. Motion made by Mr. Valcourt to accept and support the Planning Board’s vote to grant a temporary rate increase from $18.30 per hr. to $21.23 per hr. of the Principal Clerk’s pay rate during the absence of the Town Planner contingent upon the laws and legality of the Bargaining Unit.   Second by Mr. Ouellette.  The Board voted 4 in favor, 1-abstention (Mauk).
4. No action taken.
5. Motion made by Mr. Mauk to forward copies of the 2010 Participant Statistical Areas Program (PSAP) from SRPEDD to the Planning Board, Economic Development Task Force and the Housing Rehab Committee.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
6. Motion made by Mr. Ouellette to approve the request for leave of absence by John Swartz, Health Agent from January 16th through February 13th.  Second by Mr. Rebello. The Board voted unanimously in favor.
7. No action taken.
8. No action taken. Requested this item be placed on the cable scroll.

Correspondence Not Requiring Action and / or Reading
1. Mr. Mauk read into the record, a memo received from Bristol County Agricultural High School regarding FY ’10 Tuition increase (CNRA #1); a letter received from Bristol County Retirement System regarding the FY ’10 Appropriation (CNRA #2)  and a notice received from Alcoholic Beverages Control Commission regarding Naseeb Corp. d/b/a State Road Package Store, 787 State Road  (CNRA #3).  It was then requested that copies of the letters from Bristol County Agricultural High School and Bristol County Retirement System be forwarded to the Finance Committee.  Also, Mr. Mauk stated that he was not pleased that the 19-year-old involved in the State Road Package Store incident was not charged.  Mr. Valcourt stated he spoke with Police Chief Pelletier on the matter and Chief Pelletier will be contacting UMass Dartmouth because it is against school policy on drinking.
 
Town Administrator’s Report
1. No meetings were posted for the week.
2. Mr. Coughlin stated that the DOR reported a $53,000.00 shortfall in Net School Spending.  Mr. Coughlin said that hopefully, during discussions there would be adjustments made to correct this.

Consider / Reconsider
1. Motion made by Mr. Mauk for inclusion of three Petition Articles (Strawberry Lane, Tax Collector’s Fee and Shellfish Warden) on the Town Meeting Warrant.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Other Issues
1. Mr. Ouellette asked the status of the Town’s Wind Turbine.  Mr. Valcourt stated it needed to be sited on the plan of where it needs to go according to the Building Inspector.
2. Mr. Ouellette asked the status of the car licenses.  Mr. Coughlin stated they were being renewed and extending those licenses that needed to have hearings.
3. Mr. Valcourt stated that he received calls regarding the dredging project of the ponds and those people would like to be included in the discussion; perhaps this could be addressed at the January 26th meeting.
4. Mr. Mauk noted the FY ’09 budget would still be getting cuts, with more cuts coming to the FY ’10 budget also.  Mr. Mauk asked that the Town of Westport Management Letter be released by the end of January.  Mr. Mauk also mentioned he attended the official groundbreaking for the Library addition on December 23, 2008.

Motion made by Mr. Rebello to adjourn the Board of Selectmen meeting at 9:00 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