BOS Minutes 10-19-09
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
OCTOBER 19, 2009
REGULAR MEETING MINUTES
OCTOBER 19, 2009
Members Present: Steven J. Ouellette, Chairman
Brian T. Valcourt, Vice Chairman
Gary Earl Mauk
Paul A. Schmid, III
Craig J. Dutra, Clerk
Also present: Michael Coughlin, Town Administrator
Chairman Ouellette called the Board of Selectmen meeting to order at 6:06 P.M. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.
Verizon New England and NGrid Electric Company – RE: Public Hearing on a petition for permission for a proposed Pole Relocation at 449 American Legion Highway
The public hearing was opened at 6:09 PM with Mr. Ouellette reading the Public Hearing Notice. Mr. Bill Hannon, Verizon Engineer was present. No abutters were present. After some discussion, Motion made by Mr. Mauk to approve a request from Verizon and National Grid for Pole # 3/62 relocation 12 ft. in an easterly direction at 449 American Legion Highway. Second by Mr. Valcourt. The Board voted unanimously in favor. The hearing was closed at 6:11 PM.
Housing Partnership Committee – RE: Update on Noquochoke Village
Housing Partnership Committee members Elizabeth Collins, Brian Corey, John Montano and Sean Leach, along with George Campbell, Campbell Environmental Inc. were present to give an update on the Noquochoke Village project. Ms. Collins stated the last update was back in April. At this time, Ms. Collins stated that the Planned Production Plan was due to the State by July 1, 2010. This plan needs to be in order to be able to obtain grants, which are available. Mr. Mauk asked what the price was to conduct a new plan. Ms. Collins stated there were grants available anywhere from $5,000 to $25,000. Mr. Valcourt stated that DHCD looks at the Town and a plan is put into place and they figure out what it will cost. Also, Ms. Collins stated the last DHCD Notice was issued on January 18, 2007, the Board of Selectmen should look into getting a more updated report. Ms. Collins stated the Town is now at 4.7% for affordable housing. Mr. Valcourt stated, with doing some quick math, that if this project gets built, the Town maybe looking at 9.3%. Ms. Collins stated that with the recent work done by Mr. Campbell, the licensed site professional, Phases 1 – 4 of the site remediation are complete. The project is now ready to begin Phase 5. Mr. Corey stated the Strawberry Fields project is off the books but the Briggs Landing project is moving forward. Ms. Collins stated the committee would like to see firefighters and teachers in Town apply but they don’t fall in the guidelines. Mr. Corey stated that everything that is affecting the housing market, is affecting affordable housing also. Mr. Mauk asked what the difference was between “undesirable” and “desirable” 40b projects. Mr. Corey stated that desirable projects were cluster developments, green technology, etc., a project where the Town has an interactive approach with the applicant. Mr. Corey stated that with 40b’s, local preference could be given to Town residents, relatives of Town residents or employees who work in Town but don’t live here. Mr. Mauk stated that ultimately, the growth would come from out of Town, taxing services and the schools. Mr. Mauk asked if it was wise to build 54 units. Ms. Collins stated that she has done a great deal of research, including 17 other communities, who handle their 40b’s differently; HPC needs to rethink how we are doing business. Mr. Corey stated HPC needed to start looking at HUD loans to fix up houses, which in turn, will remain affordable for as long as the loan is in effect. Ms. Collins stated the last grant of $594,000.00 was received to handle 15 houses. Mr. Mauk stated that the young lady who was running the Grant Office, with diligence, managed to do 20 homes. Mr. Campbell gave the Board a summary of how the Noquochoke Village project began and where it is presently. Mr. Campbell stated the project is now ready for Phase 5, which is to monitor and condition the soils to meet the stringent groundwater standards. There are 15 wells onsite, with 3 wells meeting the standards. Calcium peroxide will be used to move the process along. The petroleum, which was found onsite, has remained onsite and confined to one area, it appears to have only moved downward, not toward neighboring wells or streams and brooks. Mr. Mauk asked when Phase 5 would begin and how much it will cost. Mr. Campbell stated he prepared a proposal following the Administrative Consent Order, which will be completed by April 2011 and due to the DEP. The estimate is for $23,700.00. Ms. Collins stated the HPC was asking permission to proceed using the grant from Mass Development. To date, of the $201,000.00 grant, only $70,000.00 has been spent. Ms. Collins stated that if this land stays with the Town, the Town will not have to pay the money back but if it goes to a developer, the Town will be responsible for the money. The difference between the Quinn Property and the Perry Property is that we could sell the Quinn property but we can only lease the Perry property. Mr. Coughlin stated there are no deadlines to use the money, but we can only spend up to the amount of the grant.
Motion made by Mr. Mauk to approve $23,700.00 for Campbell Engineering’s proposal. Second by Mr. Valcourt. The Board voted unanimously in favor.
Ms. Collins stated that eventually, a Trust Committee should be formed. This committee should consist of a land attorney, persons with banking background, real estate background and one selectman. Ms. Collins stated the Board of Selectmen would be appointing this committee and the Selectmen should carefully consider these appointments. Also, Ms. Collins noted there is a workshop for Municipal Affordable Housing Trusts coming up and it is a great workshop to attend. It will be held on Tuesday, November 17th in Framingham. Mr. Montano stated this would all help especially with “Inclusionary Housing”
John Miller – RE: Audit Committee and its’ membership
Mr. Miller stated he checked with nine towns and how their charters were written; and from there he prepared a charter of what he believes best fits Westport. Mr. Valcourt stated that in Mr. Miller’s recommendations, there is a recommendation that members of the Audit Committee do not serve on any other board, committee or commission. Mr. Valcourt stated that with the shortage of volunteers, it should be looked at as to what committee or board they are serving on before making a decision. Mr. Dutra felt that members should not be serving on any budgetary or financial committee. Mr. Coughlin stated the Audit Committee members should not consist of any employees of the Town; and in some cases, Mr. Coughlin has seen where they are not residents of the Town either. Mr. Mauk stated he was against this proposal. The duties described in this proposal are already the responsibilities of the Board of Selectmen and the Finance Committee; those boards should be doing their job and not passing it to someone whom doesn’t know what is going on.
Motion made by Mr. Mauk to hold on this matter until a joint meeting with the Finance Committee to discuss this further. Second by Mr. Valcourt. The Board voted unanimously in favor.
Robert Grillo – RE: Update on Westport Youth Athletic Association and Proposal Presentation of the Westport United Youth Soccer, Inc.
Robert Grillo (WYAA) and Peter Brown & Fernando Larguinha (WUYS) were present. Mr. Grillo stated that all approvals have been received for the WYAA for the land off of Route 177. The engineer has just completed the plans showing paths, soil testing, etc. The next step will be to get a permit for a curb cut from the State. A company to see what the Association can afford is handling a preliminary bid. The WYAA has not done any real fundraisers as of yet, but they have around $150,000.00 in cash on hand and donations of two soccer fields and one baseball field, which will be paid for. Mr. Grillo also stated that he is working with the National Guard for some site work such as grading and roadwork. Mr. Grillo said volunteers have done a lot of the work that has been done already. The Town is in dire need of soccer fields; presently there is only one and a place is needed for practice. The Westport United Youth Soccer wants to move here and they support the Westport Youth Athletic Association. Mr. Grillo stated the Westport United Youth Soccer would like to use the Russell Davis Land off Sanford Road and this area is appealing because there will be minimal work needed to the fields and it would not require any fundraising, which would interfere with the WYAA’s fundraising. Mr. Mauk stated that currently, the farmers bid $200.00 a year for use of the farmland; while the WUYS pays $1,200.00 to the school to use their field. Mr. Brown stated the school has notified them that the fee will be going up.
Motion made by Mr. Mauk to lease the land to the WUYS, not to exceed 5 years for $200.00 a year with WUYS being responsible for insurance, etc. Motion was withdrawn.
Mr. Ouellette asked that the Town Administrator looks into this, contact the farmer and have a public hearing. Mr. Coughlin stated he would look into this and place this item on the next agenda.
Question and Answer Period
None.
Correspondence Requiring Action and / or Reading
1 & 3 & 7. Motion made by Mr. Mauk to authorize the Town Administrator to send a strongly worded letter to Commissioner Rick Sullivan, DCR, with copies to Senator Menard and Representative Rodrigues opposing the removal of West Beach Road on Horseneck Beach State Reservation. Second by Mr. Dutra. The Board voted unanimously in favor.
2. Motion made by Mr. Valcourt to ask Deputy Police Chief Gifford to recommend the installation of speed signs on Gifford Road near the intersection of Gifford and Briggs Roads. Second by Mr. Dutra. The Board voted unanimously in favor.
4. No action taken regarding a letter received from Laura Orleans, Festival Director of the
Working Waterfront Festival.
5. Motion made by Mr. Valcourt to approve a “Blind Driveway” sign request from Mark Rowe, 255 Horseneck Road as per recommendation of the Police Department. Second by Mr. Dutra. The Board voted unanimously in favor.
6. Motion made by Mr. Mauk to accept the resignation of Robin Miranda from the Westport Cultural Council and send a letter of thanks. Second by Mr. Valcourt. The Board voted unanimously in favor. Vacant position will be advertised.
8. No action taken regarding an invitation from the Library Building Committee to visit the
nearly completed expansion and renovation project at the library.
Town Administrator’s Report
Issues:
1. FY ’10 Budget Update: Mr. Coughlin gave an updated summary report on the FY ’10 Budget. Mr. Coughlin would like to request that all boards under the Board of Selectmen’s jurisdiction examine their budgets and look where voluntary cuts can be made.
Motion made by Mr. Mauk to authorize the Town Administrator to request from department heads under the Board of Selectmen to prepare budgets and options, to present this plan in layers and to report back to the Board with preliminary cuts. Second by Mr. Dutra. The Board voted unanimously in favor.
Mr. Ouellette stated this is for basic planning in preparation for anticipated cuts.
Mr. Coughlin stated he is making suggestions according to the five-point plan issued by the Governor. Mr. Coughlin stated the following suggestions:
1. A 9-day furlough. Mr. Coughlin stated that he would be showing leadership by doing this; he would be working just not getting paid. At this point, Mr. Coughlin stated he only controls himself.
2. Working cooperatively with the Unions. Mr. Coughlin stated the meetings will take place with the Unions on Friday, November 13th in Executive Session. At these meetings, all will be looked at and fair choices will have to be made.
3. The Barrows Report. A look at forming a blue-ribbon panel to gain efficiency and cost savings.
Mr. Mauk stated that furloughs should be Option #2. Mr. Coughlin stated that leadership has to start at the top. Mr. Ouellette stated this should be voluntary at this point; we should wait to see what the cut is. Mr. Coughlin stated we know there is no Free Cash and there will be a snow/ice deficit. Mr. Coughlin stated that he spoke with Beacon Hill today and was told to plan on cuts. The Town needs to take this in layers, setting the example. Mr. Schmid told Mr. Coughlin that his leadership is appreciated and asked if Mr. Coughlin had any suggestions for the Board. Mr. Coughlin stated the Selectmen would need to look at their budgets. This is a crisis and we have to take this seriously; let the department heads come up with methods to save. Mr. Valcourt commended Mr. Coughlin’s effort and we do have to go down this road. Mr. Valcourt agreed with Mr. Coughlin’s effort to do something showing leadership but he did not agree with the Governor doing a good job. Mr. Mauk asked Mr. Coughlin to explain what negative Free Cash is, how much it is and how it came about. Mr. Coughlin stated that even though our revenue exceeded revenue estimates and with cuts in the budgets and less money turned back and a deficit in snow/ice removal, we didn’t have the money to start the year level so we used funds in order not to start the year in the hole. The Department of Revenue has said that we don’t have to make this cash up this year.
Mr. Dutra stated he thought it was a good idea, in his opinion to follow the Barrows Report because this is not going to go away.
Motion made by Mr. Dutra to establish an Adhoc Committee to look at government management based on the Barrows Report and the auditor’s report from Roselli and to use the diligence of the Finance Committee. Second by Mr. Mauk. The Board voted unanimously in favor.
Mr. Mauk stated that now was not a good time to form a committee; he believed the Board of Selectmen should meet with the Finance Committee before naming an additional committee. We need to start here. Mr. Ouellette agreed, stating he was not happy with the Finance Committee when they went straight to the newspapers; this is just a concern of his.
Mr. Dutra stated the Board would be creating an adhoc (sub-committee) not a joint committee. Mr. Mauk stated that he was asking that the Board of Selectmen meet with the Finance Committee first.
Mr. Coughlin then requested the Board of Selectmen allow him to contact all elected officials to voluntarily submit plans for their budgets.
Motion made by Mr. Mauk to authorize the Town Administrator to contact the elected officials and request they voluntarily submit plans for their budgets. Second by Mr. Valcourt. The Board voted unanimously in favor.
Mr. David Dionne, Alternate Energy Committee, apologized to Mr. Mauk for overlaying two committee meetings. Mr. Dionne stated the Alternate Energy Committee will be coming forward to the Board of Selectmen with some ideas and will be looking for new members. Mr. Valcourt stated there is a lot of money available for a lot of projects but we don’t have a grant writer and this is how we get our monies. Mr. Mauk stated he would like to see what the Governor is doing. Mr. Coughlin stated he will look into it and report to the Board. Mr. Schmid stated that at Town Meeting, he hopes there is an opportunity to hear from both sides on the meal tax. Mr. Coughlin stated that Mr. Lafrance went to the Finance Committee last week and gave a presentation; he is against it. Mr. Coughlin reminded everyone, that anything coming down from Boston is not good.
2. DEP Landfill Grant-Scope of Work: Mr. Coughlin asked that the Board of Selectmen review and submit input on this document before the study begins. This will be addressed at the next meeting.
3. Energy Community Block Grant: Mr. Coughlin gave a follow-up to last meetings discussion regarding use of the Clean Energy Funds allocated to the Town. Mr. Coughlin stated there were two programs worth applying for with eligible grants available for up to $150,000.00. The School Department has done all their homework and are ready to apply for funds such as enhanced insulation and installation of energy saving windows. Mr. Coughlin stated that with competitive proposals being submitted, the Board of Selectmen with the concurrence of the Alternative Energy Committee should support the School Department’s grant application. Also, Mr. Coughlin stated the second grant program is for technical assistance with awards capped at $50,000.00. This program will provide the Town with professional assistance in preparing submissions for various renewable energy funding opportunities and projects such as solar. There is a deadline of December 7th. Motion made by Mr. Mauk to allow the Town Administrator to pursue the technical grants applications. Second by Mr. Valcourt. The Board voted unanimously in favor.
4. Appointment of Camera Operator:
Motion made by Mr. Mauk to appoint Stephen W. Connors as camera operator/video editor for Cable Access. Second by Mr. Valcourt. The Board voted unanimously in favor.
Consider / Reconsider
1. Approval of Regular Meeting Minutes of October 5, 2009
Motion made by Mr. Mauk to approve with amendments the Regular Meeting Minutes of October 5, 2009. Second by Mr. Valcourt. The Board voted unanimously in favor.
Amendments: Page 2 – insert “not” before regulated; delete the word “but”. Page 3 – delete “Mr. Coughlin recommended to the Board, the appointment of Susan Brayton to full-time Assistant Tax Collector” and insert “Mr. Coughlin supported the recommendation of Tax Collector Carol Borden for the appointment of Susan Brayton to full-time Assistant Tax Collector”.
Other Issues
1. Motion made by Mr. Mauk to have a discussion at the next meeting on waiving building permit fees and project fees for projects in Town being performed by people in Town for a period of four months. Second by Mr. Valcourt. The Board voted 4 in favor, 1-opposed (Ouellette).
Mr. Ouellette questioned how would the Town pay for the Building Inspector and other inspectors to go out and inspect these projects; we recently had to raise fees in the building department. Mr. Ouellette requested an updated list of building permits from the Building Department. Mr. Valcourt stated the one benefit he could see would be that any repairs, construction, upgrades to a residence would increase the assessed value.
2. Mr. Ouellette reminded everyone of the 10th Annual Legislative Breakfast on November 13, 2009 from 8:00 AM to 11:00 AM at White’s Restaurant.
Executive Session - 8:41 P.M.
Motion made by Mr. Mauk to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23b to discuss negotiations for land acquisition, contract negotiations with union and non-union personnel and approval of Executive Session Minutes. Second by Mr. Valcourt. The Board voted unanimously in favor.
Roll call vote: Mr. Mauk-aye. Mr. Dutra-aye. Mr. Valcourt-aye. Mr. Schmid-aye.
Mr. Ouellette-aye.
Mr. Ouellette announced the Board would resume to Open Session in order to adjourn.
Open Session – 9:36 PM
Motion made by Mr. Valcourt to adjourn the Board of Selectmen’s Meeting at 9:36 PM. Second by Mr. Schmid. The Board voted unanimously in favor.
Adjournment.
Respectfully submitted,
Diane Pelland, Confidential Clerk
to the Board of Selectmen
APPROVED:
Craig J. Dutra, Clerk
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