Westport News

Members Present:       Steven J. Ouellette, Chairman
                                 Brian T. Valcourt, Vice Chairman  
                                 Craig J. Dutra
                                 Paul A. Schmid, III
                                 Richard M. Spirlet, Clerk
Also present:              Michael Coughlin, Town Administrator
                
Chairman Ouellette 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.

George Foster, Town Treasurer – RE: Fire Station Bonds
Mr. Foster and Fire Chief Legendre were present.  Mr. Foster stated the Town’s Bond Rating was upgraded in the spring to a rating of AA3.  The Bond will be over 19 years with a total cost of $5.8 million plus interest beginning August 1, 2010.  Before the Bond was officially signed Mr. Spirlet read into the record the “Vote of the Board of Selectmen”. (See attached)
Motion made by Mr. Valcourt to approve and the sign the General Obligation Fire Station Bonds to Robert W. Baird & Co., Inc. at the price of $5,854,615.00 plus accrued interest.  Second by Mr. Spirlet.  The Board voted unanimously in favor.
At this time, Chief Legendre stated the official move into the Hix Bridge Station took place on July 16th. There will be a grand opening on Friday – July 30th at 11:00 AM.  Everyone is invited.  Mr. Schmid stated that at Town Meeting, the average cost to homeowners was to be around $95.00 starting the 1st year, but as a result of financing cost and below building costs, the cost to homeowners will begin at $61.00 the 1st year and continue to recede as the years past.
 
PD Foods, Inc. d/b/a Portas daCidade, Nuno Chitas, Manager/Owner – RE: Public Hearing on an application request for an Entertainment License to hold karoake
The public hearing was opened at 6:19 PM with Mr. Ouellette reading the Public Hearing Notice.  Present were Nuno Chitas and his counsel Attorney Arthur Frank from 209 Bedford Street, Fall River, MA.  Attorney Frank stated his client is requesting approval of an Entertainment License basically for holding Karoake and having a DJ at his establishment for small parties, when the need arises.  The hours being requested are 9:00 PM to 1:00 AM.  An abutter, Thom Shaughnessy stated he did not have any objections.
Motion made by Mr. Spirlet to approve the request for an Entertainment License with the condition that the sound must be contained within the building; no open doors.  Second by Mr. Valcourt.  The Board voted unanimously in favor.  The hearing was closed at 6:25 PM.

Mass Audubon’s Allen Pond Wildlife Sanctuary – RE: Parking permission for Coastal Waterbird Program at Town Beach
Ms. Gina Purtell was present.  Mr. Ouellette stated that clarification of misuse of the parking permit was needed; this was problem was mentioned at an earlier meeting and Mr. Ouellette asked that the record be set straight.  Ms. Purtell stated that monitoring generally requires one person and one vehicle.  Ms. Purtell stated that she is only looking for one permit, which can be transferred between vehicles.  Misuse of the beach permit has not happened, at least not while on Ms. Purtell’s watch and she stated that she has been around for 8 years.  Ms. Purtell stated the Audubon is not violating or misusing their privilege to use the area for monitoring.  Mr. Valcourt asked Ms. Purtell to contact the Police Department if more than one vehicle is needed on a particular day.  
Motion made by Mr. Spirlet to issue one parking placard with all the license numbers attached.  Second by Mr. Schmid.  The Board voted unanimously in favor.

Water & Sewer Committee – RE: Discussion regarding Committee
Mr. Ouellette stated appointments were not made to this Committee during the annual appointments.  Mr. Ouellette wanted to discuss this committee and where it was going; personally, Mr. Ouellette felt that a Water Resource Committee would be better than the current committee.  Mr. Dutra stated he agreed; but he felt that this needed to be discussed with the Conservation Commission, Ponds Committee, Stormwater Committee, Estuaries Committee and Water & Sewer Committee members.  Mr. Dutra stated a lot of the same issues were being discussed by these various committees.  Mr. Schmid stated that during the beginning of next year, the Estuaries Committee is expecting a report that may pull all of this together; Mr. Schmid asked the Board if perhaps they could wait, digest the information contained in the report and then meet again on this subject.  Mr. Valcourt stated the Estuaries Committee has a slightly different charter but right now very similar issues are being looked at and Mr. Valcourt felt this matter can’t go forward until the Estuaries report comes in.  Mr. Spirlet stated the Board of Health is in charge of stormwater; there are two issues, sewerage and stormwater.  Before dissolving any committee, the Board of Health should be brought to the table also.  Mr. Cole, Estuaries Committee, stated he was in favor of looking at how to restructure but the Estuaries Communities need to be brought in and until we get the report, we may need to put other towns aside because we may have to deal with our own approach.  Mr. William Burns stated he believed there are different committees because of the different principles; we need different committees.  Mr. Dick Boressi stated the committees could be combined but all there would be is a large committee making it very difficult to handle all issues.  Ms. Lisabeth White stated that if the Board is considering restructuring, she would advise communication between all committees; this is the best way forward and perhaps once a month, there could be a meeting with reps from the different committees to discuss moving forward.  Mr. Michael Sullivan stated the Route 6 area is identified as a priority development center; there is a water supply service located there making the option of sewerage in that area more sensible.  One stumbling block for creating commercial development in that area is the lack of sewerage.  Mr. Schmid stated sharpening the focus of the Water & Sewer Committee is a possible solution, one he is in favor of.  Mr. Valcourt stated both the north and south ends of Town have the same problems.  Mr. Valcourt stated Mr. May asked that the committee be narrowed down to people who are willing to work and the Board could definitely pare down committees but the direction needs to come from the Board of Selectmen, also.  Mr. Jim Whitin read an excerpt from a report from two years ago and it was stated there was no obvious answer to sewerage; we do need a charge given to the Water & Sewer Committee and it should be to focus on the Narrows and possibly one or two areas with health problems and sewerage problems, if the Board of Selectmen decide to continue with the Water & Sewer Committee. This matter was taken under advisement.

Attorney Brian Corey – RE: Discussion of Beach Avenue
Attorney Brian Corey and Sean Leach were present.  Attorney Corey stated that Beach Avenue and Towne Way are public ways.  They service landowners but they also service homes in the area by providing frontage.  Beach Avenue has slipped into disrepair.  Attorney Corey stated he has documented five acres of public land along with 1,000 sq.ft. of beach.  Attorney Corey stated that Town lands and land held in general trust for the public have no access for the public. The terminus of Acoaxet, Howland and all the streets in that area, no where has it been deemed a danger to park, yet there is no parking in this area for three miles and some of it is a Tow Zone.  Mr. Corey stated he is asking for legal access to his property and for public access.  Mr. Leach stated the Beach Committee voted unanimously to request opening the access.  Mr. Leach then presented photos dating back to 1976 / 1977 when the land was subdivided.  Atlantic Avenue, Prospect Street, Beach Avenue and Towne Way were provided frontage.  In 1982, another aerial photo shows development taking place. On the photos, the yellow highlighted areas depicted publicly owned land and the purple highlighted areas are privately owned.  Another photo taken in the summer of ’09 shows that Towne Way was allowed to be grown over but Beach Avenue is still open because of the pavement and the concrete walls and a picture of the disabled right of way.  The Beach Committee feels this valuable resource should be used for a public beach.  The Town has sold over 3,000 beach stickers to residents and we can’t provide the access or accommodations for them. Attorney Corey stated that Howland, Acoaxet and Atlantic Avenue all end at the beach.  Attorney Corey said the area he enjoyed was closed by the Board of Selectmen due to safety reasons; but no where in Town have public rights been abdicated to private owners.  Attorney Corey stated resident parking passes could be issued like other areas of the Town.  The end of a variety of these roads was considered public landings, thus, parking must be provided.  Attorney Corey asked the Board of Selectmen to rectify this issue and allow all residents in Town to enjoy this area.  Mr. Valcourt stated he voted against the closing since the beginning and he agrees with Attorney Corey and Mr. Leach that these roads have been slowly encroached upon by abutters and storms, etc. and though it is costly and difficult to maintain we must do this, the Town accepted these roads and these roads provide frontage to properties. We can’t just arbitrarily close the roads; we may be looking at lawsuits.  The Highway Department and Conservation Commission were supposed to file the necessary paperwork to begin the work but nothing has been done; the paperwork needs to be completed and filed and it will not be easy or cheap but we have an obligation to maintain our roads; the Town needs to move forward with this.  Mr. Valcourt stated many of the parking issues can be solved with resident parking permits; this area is larger than Cherry & Webb Beach.  Mr. Louis Andrade owns a condo in the mansion and stated that once the Town accepted the roads, it is their responsibility; the Town needs to maintain access and as for parking, Atlantic Avenue should be considered; as a matter of fact, all the roads in that area should be brought up to standard. Mr. Andrade felt that all the roads should be opened and access not be denied.  Mr. Valcourt stated there is no parking within three miles of that area; no other place in Town has such restricted parking.  Attorney Corey stated private fences have been placed in public ways and a major fact is the no parking within three miles.  Mr. Valcourt stated there is prohibited parking along East Beach Road and Cherry & Webb Lane as a precaution but we are only talking about ¼ to ½ mile long area.  East Beach Road is dangerous because of the placement of the trailers and the area where pedestrians walk along side of the road.  Chief Pelletier stated there were many issues that needed to be addressed and a plan needs to be in place.  The Town may be able to improve the road to allow parking but Chief Pelletier suggested the Planning Board be involved.  Chief Pelletier stated that a rush to a decision should not be made without all the facts; maybe prepare an Article for Town Meeting. Attorney Corey agreed with Chief Pelletier and stated he was willing to pay for a metal gate and provide keys to all landowners, for now, parking has been created but it only fits two cars; a suggestion is to remove the rocks because as it is now, the Police don’t have access even in an emergency situation.  Chief Pelletier stated a committee should be formed that can sit down and put together a plan; nothing should be done at this time.  Mr. Sisson stated he has to wait for Conservation to file the necessary paperwork.  Mr. Whitin stated the Planning Board should have a site plan review for parking; it could be minor or major depending on the plan.  Mr. Valcourt asked about the subdivision, how was it put in if there was no frontage.  Mr. Whitin stated the applicant must prove it is a way in existence.  Mr. Valcourt stated the existing jurisdiction is the Zoning Enforcement Officer and currently, on this photo, there are three public access areas between two homes east of Lake Avenue.  Chief Pelletier stated if a gate is installed, the parking area will be taken up.  Mr. Valcourt stated even with maintained areas there are problems; my concern is that a lot of public land is not being allowed to be utilized.  Mr. Dutra stated he felt the same as Mr. Valcourt.  Mr. Spirlet stated the Town was remised in this closing and we failed to maintain the frontage for these homes plus not provide a public access for all the land in the Land Trust or Town owned.  Town money was put out to preserve this land for residents to use; perhaps we could put parking in the Land Trust area; it is wrong to close access to the public and selfish of those trying to keep it closed; a Beach Avenue Committee’s intent should be to form a management plan and there is a way this can be worked out, where everyone is happy.  Mr. Dutra stated Beach Avenue, Towne Way and Boathouse Row need to be maintained.  Mr. Coughlin agreed with Chief Pelletier; we asked for money to paint line in the Town roads but were told it could not be found; where can we find the money for this expenditure; this may have to go to Town Meeting.  Attorney Corey stated historically, the Highway Department would go down with a front-end loader and remove the sand and stack it; in the winter, a snow plow was used; Atlantic Avenue now has dunes where there were none and this is a violation.  A temporary fix can make this area passable but an NOI needs to be filed on behalf of the Town by the Conservation Commission just to make it passable.  Conservation Commission member Mr. Sullivan stated this matter is to be discussed at their next meeting between 7:00 and 7:30 PM.  Mr. Peixoto asked about the pipin plovers.  Mr. Valcourt stated a letter was received and the only reason the birds took over is because of non-use of the area; also, a letter was received from the Land Trust and they are in favor of this proposal.  
Motion made by Mr. Valcourt to form a Beach Avenue Sub-Committee consisting of nine people: a representative from the Land Trust, Beach Committee, Highway Dept., Police Dept., Fire Dept., Conservation Commission, Planning Board and one full-time resident abutter; the Committee is charged with opening the roads with full access as recorded with the Town; this Committee is specific to Beach Avenue and the Town coming to some kind of compromise to open and maintain the area.  Second by Mr. Spirlet.  The Board voted unanimously in favor.
Motion made by Mr. Dutra to appoint Brian Valcourt to the Beach Avenue Sub-Committee.  Second by Mr. Spirlet.  The Board voted unanimously in favor.

Commission on Disability – RE: ADA Transition Plan
Ms. Sharon Gay, Elaine Ostroff and Michael Ouimet were present.  Mr. Ouimet read a letter to the Board of Selectmen concerning the history of July 26th – the anniversary of the Americans with Disabilities Act.  Ms. Gay gave the Board a brief update on the Community Development Block Grant and the $595,000.00 award to reestablish the Housing Rehabilitation Program and update the ADA Transition Plan.  Presently, Ms. Gay stated there are 11 applications with 4 being approved and 7 being reviewed.  Ms. Ostroff introduced Patricia Dervan, the consultant on the ADA Transition Plan update.  Ms. Dervan stated a document will be produced that the Town will be able to use because disability comes in all degrees, including arthritis, back and learning disabilities which are in addition to physical disabilities; the aging of the population will also be looked.  Ms. Dervan stated a seamless transition will be provided and the staff will not be burdened.  Ms. Dervan also mentioned that her team is not the ADA Police.  Mr. Spirlet asked if alzeiheimers would be considered.  Ms. Dervan stated any change in the ability to function.  Ms. Ostroff stated that the Town needed to have an updated ADA Transition Plan to be able to apply for the Housing Rehabilitation funds.  Ms. Ostroff recommended the Board of Selectmen appoint or establish a “Super Committee” to accomplish this task.
Motion made by Mr. Dutra to establish a Super Committee consisting of 2 Board of Selectmen members, 2 School Committee members, 2 Finance Committee members and 2 Commission on Disability members to review and give recommendations.  Second by Mr. Spirlet.  The Board voted unanimously in favor.
Motion made by Mr. Schmid to appoint Mr. Valcourt and Mr. Dutra to the Super Committee as BOS representatives.  Second by Mr. Spirlet.  The Board voted unanimously in favor.

Discussion on possible Ballot Questions – RE: Wild and Scenic Designation & FY ’11 Budget Override
FY ’11 Budget:
Mr. Coughlin stated that in working on the budget for this fiscal year with a lot of cuts being made, then a contingent budget with an override for next Town Meeting, it has been taxing.  Mr. Dutra stated a lot of discussion was done at Town Meeting with looking at FY ’12 and a strong case was presented.  
Wild & Scenic Designation:
Motion made by Mr. Spirlet to have the Town Counsel take appropriate action to put together a question for the State Election ballot asking if the voters want the Wild & Scenic Designation.  No second was received.
Mr. Ouellette stated that more back-up information was needed and the pros and cons needed to be presented, there was not enough time for it.  Mr. Valcourt stated the Town did not have enough information, this project is in its infancy stages; but at this point, we don’t even have the Estuaries Report to tell us if this is good or bad for the Town.  There is no proper information and it is too premature to place it on the ballot.  This should not be presented to the public without more information.  Mr. Schmid stated he could not support this; the Act is seventeen pages long and will take time to understand; we should wait until the Estuaries Report is available; this should not be passed in the dark.  Mr. Dutra stated he attended a presentation for the Wild & Scenic Designation for the Taunton River; this is a painstaking process and it is premature; a lot of public input is needed.  Mr. Spirlet stated the process has already been voted, the Board of Selectmen have voted for it and it is going through Congress now; we are not stopping it.  Mr. Coughlin stated this was his third river designation and it is a two-step process; what is being applied for is a study bill.  The study will provide answers.  A referendum is appropriate but right now, this will just show if it is right for the Town.  Mr. Coughlin stated he believed this study bill is a feasibility study and it will only process through Congress if the whole Town is on board but at this time, we don’t have the necessary information.   Ms. Lisabeth White stated that what came before the Board of Selectmen prior was for research permission.  Mr. William Burns stated he supported the motion by Mr. Spirlet to allow this to go to Town ballot.  In the Rivers Act, there is protection, this could put limits on a lot of areas including privately owned land; the Towns people should be given the ability to vote.  Ms. Gay Gillespie, Westport River Watershed Alliance, stated she believed in going forward with the Wild & Scenic Designation to protect the Westport River.  The benefits far outweigh any ballot question.  This will allow the Town to talk to other area wastershed committees; a stewardship plan needs to be put in place.  But at this time, it is premature to place on the ballot.  This will not allow the Town to lose control of our rivers.  The Town will follow our own regulations but our docks are regulated by the DEP.  Our river is the soul of our Town, we need to design a plan to preserve it.  Mr. Charles Baron stated he has not made up his mind yet, my tendency is that it is a good thing but it is still in its infancy stage.  Mr. Baron stated he was a fan of progression and in researching this matter, the power does stay with the Town, we give up nothing but gain a lot.  Mr. Baron said he was in favor of a ballot question, once all the facts and information is received.  Mr. Valcourt stated this information will bring all the stakeholders to the table; this is a long process with information from all.  Mr. Burns stated he emailed the MA Bay Association, DEP, Coastal Zone Management and the MACC and asked if the CMR Act would still be in effect if the Wild & Scenic Designation is voted.  Mr. Coughlin stated that every law has to be observed.  Mr. Coughlin then read from a prior Wild & Scenic Designation from Central MA; when he was done, he stated the Town would receive the same information.

Question & Answer Period
None

Correspondence Requiring Action and / or Reading
1. The Perry Farm located at 592 Sodom Road will be discussed during an Open Meeting of the Board of Selectmen with Mr. Carter (complainant), involved Town Departments and Mr. Perry (owner of the property) on Monday August 23, 2010 at     6:30 PM.
2. Motion made by Mr. Valcourt to send letters recognizing Chris Goncalves, Highway Department and Officer Francois Napert, Police Department for their efforts following a storm on July 20, 2010 on Sanford Road.  Second by Mr. Spirlet.  The Board voted unanimously in favor.

Town Administrator’s Report
1. Mr. Coughlin stated a pre-feasibility study in the amount of $14,500.00 for the wind turbine is being recommended by the Energy Committee.  The award of that contract is being recommended to Atlantic Design due to the fact that they met all the qualifications of the RFP, while Baxter Nye, which came in at $13,900.00 did not and as for STG Consultants, they are not licensed yet in MA.  
Motion made by Mr. Dutra to award the contract to Atlantic Design based upon the recommendation of the Energy Committee.  Second by Mr. Schmid.  The Board voted unanimously in favor.
2. Mr. Coughlin stated in regards to the problem occurring at the farm located off of American Legion Highway, there was a question of Chapter 61A land, so guidance from Town Counsel was requested and presented.  The guidance is that the Board of Assessor’s have sole responsibility; there are some serious issues and Mr. Coughlin requested that the information be shared with the Board of Assessors.  
Motion made by Mr. Dutra to forward the information obtained from legal counsel to the Board of Assessors.  Second by Mr. Schmid.  The Board voted unanimously in favor.
3. Mr. Coughlin stated in regards to the Cable License Renewal, a meeting would need to be setup in the near future.
4. Mr. Coughlin asked if the Board would consider closing the Town Hall & Town Hall Annex on Friday, July 30th to allow the employees to attend the grand opening of the new Fire Station on Hix Bridge Road.  
Motion made by Mr. Dutra to allow the Town Hall and Town  Hall Annex Offices to close from 11:00 AM to 1:00 PM on Friday, July 30, 2010 to allow employees to attend the grand opening of the Fire Station located on Hix Bridge Road.  Second by Mr. Spirlet.  The Board voted unanimously in favor.

Consider / Reconsider
1. Motion made by Mr. Valcourt to set the following meeting schedule:  August 9 & 23, September 7 & 20, October 4 & 18, November 1, 15 & 29 and December 13 & 27.  Second by Mr. Spirlet.  The Board voted unanimously in favor.
2. Evaluation of Employees – Mr. Ouellette asked this item be kept for future.
3. Motion made by Mr. Valcourt to allow Mr. Ouellette to work with Eric Fernandes  and Andrew St. Pierre to hold basic swimming classes and how to handle emergency situations with no cost to the Town; perhaps holding two classes.  Second by Mr. Spirlet.  The Board voted unanimously in favor.
4. Motion made by Mr. Valcourt to change the Alternative Energy Committee’s name to Energy Committee.  Second by Mr. Dutra.  The Board voted unanimously in favor.
5. Motion made by Mr. Valcourt to appoint Donna Lambert as an Alternate Member to the Zoning Board of Appeals.  Second by Mr. Spirlet.  The Board voted unanimously in favor.
6. Motion made by Mr. Dutra to appoint Scott N. Davis as Full Time Police Officer retroactive back to July 11, 2010.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
7. Motion made by Mr. Dutra to appoint Fernando A. Goncalves as Full Time Police Officer effective August 1, 2010.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
8. Motion made by Mr. Spirlet to appoint Sean Leach as an Alternate Member to the Historical Commission.  Second by Mr. Schmid.  The Board voted unanimously in favor.

Other Issues
1. Mr. Schmid made mention that there have been recycling improvements done at the landfill.
2. Mr. Valcourt stated to everyone that he appreciated the Beach Avenue decision that was made tonight.
3. Mr. Dutra mentioned that the Adhoc Committee is looking at setting up an Enterprise Fund for the Landfill and working with the Board of Health on this matter.
4. Mr. Spirlet stated he wanted to apologize to Matt Camisa for the comment of wearing a hat during his interview for Conservation Commission.  It was not appropriate and people willing to volunteer on a committee in Town should not be berated for wearing a hat.  That comment should have been directed to the Board of Selectmen at the appropriate time.  Mr. Valcourt agreed, and apologized that some of the audience was allowed to participate during the interviews; this has never happened before.  Also, Mr. Valcourt felt that Mr. Spirlet’s question he posed was not appropriate either; the same question came from the public.  Mr. Valcourt apologized to all three candidates that evening.  Mr. Camisa was an excellent candidate but never was there public participation.  Mr. Ouellette stated he felt it was an open process and he was trying to keep it so everyone could answer any questions but he takes responsibility for that happening.  Mr. Spirlet stated he had no problem with direct questions to applicants.

Executive Session – 9:15 PM
Motion made by Mr. Valcourt to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss a Board of Health matter and to discuss a legal update.  Second by Mr. Schmid.  The Board voted unanimously in favor.

Roll Call Vote: Mr. Valcourt-aye.  Mr. Schmid-aye.  Mr. Dutra-aye. Mr. Spirlet-aye.   Mr. Ouellette-aye.

Mr. Ouellette announced the Board would return to Open Session in order to adjourn.

Open Session – 10:40 PM
Motion made by Mr. Dutra to adjourn the Board of Selectmen meeting.  Second by Mr. Spirlet.  The Board voted unanimously in favor.

Adjournment.

Respectfully submitted,                                       
Diane Pelland, Confidential Clerk
to the Board of Selectmen

APPROVED: Richard M. Spirlet, Clerk