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.

Fire Chief Brian Legendre – RE: Citation for retirement of Lt. John Andrade
The Board of Selectmen presented a citation to Lt. John Andrade recognizing his retirement from the Westport Fire Department after 42 years of service.  Chief Legendre stated that Lt. Andrade was a very dedicated servant and thanked him for his years of service.  Lt. Andrade stated he was saddened that his position will not be filled in an effort to save money, but the Town needs to consider the need for personnel on the Fire Department.  The Board thanked and wished Lt. Andrade well in his retirement.

Executive Session – RE: Police Department personnel matter – 6:10 PM
Motion made by Mr. Valcourt to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss Police Department personnel matters.  Second by Mr. Dutra.  The Board voted unanimously in favor.

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

Mr. Ouellette announced the Board would resume to Open Session  in order to conduct regular business as listed on the agenda.

Open Session – 6:15 PM
Police Chief Pelletier announced the retirement of Nancy Braga from the Police Department and asked the Board for permission to advertise the position and to change the title to Administrative Assistant.

Motion made by Mr. Valcourt to change the title of the Police Department position from Administrative Assistant/Communications and Records Supervisor to Administrative Assistant.  Second by Mr. Dutra.  The Board voted unanimously in favor.

Motion made by Mr. Spirlet to allow the advertising of the Police Department position of Administrative Assistant due to retirement.  Second by Mr. Valcourt.  The Board voted unanimously in favor.

Dr. Clyde Barrows – RE: Casino discussion
At this time, Dr. Barrows did not make the Selectmen’s meeting.  This matter will be scheduled at a later meeting.


Harold J. Sisson, Highway Surveyor – RE: Discussion of forming a committee to replace equipment
Mr. Sisson stated he would like the Board to appoint a committee to gather information in hopes of going for a debt exclusion at Town Meeting for Highway Department equipment replacement.  Mr. Sisson presented a list of names of people to be appointed to the committee.  Mr. Coughlin reminded the Board the Committee, though appointed by the Board, would still need to go to the Capital Improvements Planning Committee.  Mr. Schmid stated it is a good time for the Town to make capital improvements, especially with the rates being so low.
Motion made by Mr. Spirlet to appoint Harold Sisson, Francois Napert, Brian Legendre, Veronica Beaulieu, Ronald Potter, Nicole Botelho, George Foster, Antone Vieira and Michael J. Coughlin to the Sub-Committee – Capital Acquisition for Highway Department.  Second by Mr. Valcourt. The Board voted unanimously in favor.

Board of Assessors – RE: Address of Chapter 61A questions
Board of Assessors Steven Medeiros, John McDermott, Robert Grillo and Paul Matheson were present.  Mr. Medeiros stated the Assessors viewed the property located off of American Legion Highway and found it to be adequate.  Mr. Medeiros stated the applicant, Richard Medeiros, actually filled out his application for Chapter 61A incorrectly.  According to the Town Attorney, under Chapter 61A, a Forestry Plan is needed.  Mr. Ouellette stated there have been a number of calls on this matter.  Mr. Dutra stated Town Counsel was very clear that the Board of Assessors stand alone on this matter.  Mr. Coughlin stated Attorney Blake believes the application does not fit the intent of the law but the Board of Assessors are an elected board and have final say over the application; but there are some very serious issues on this property. Mr. Medeiros stated the applicant filled out the application following the information obtained from an application he submitted from the prior year, which contained the wrong information, part of the problem was he just copied and the office staff did not catch it.  The applicant should have used the wording “woodland”.  Mr. Medeiros stated the Board of Assessors are usually more concerned with smaller lots.  Mr. McDermott stated he was upset, that as an elected board, they should have been contacted first before Town Counsel; especially when we already have a deficit in the Legal Budget.  Mr. Coughlin stated the opinion represents horrible conditions; this is a multi-department jurisdiction.  Mr. Coughlin stated, however, the Board of Assessors went directly to the newspapers with a statement of their own not contacting this office.  As for legal counsel, Attorney Blake has been on board since day one and needed clarification of the Chapter 61A filing; this was not something taken upon by myself.  Mr. Medeiros stated the Assessors were never notified, we read it in the newspapers and were contacted for comment.  Once the Board of Assessors found out, we met with the owner; as a matter of fact, there are 3 or 4 properties involved and not all owned by him.  Mr. Dutra stated that a lot of investigation is ongoing by a lot of boards and apologized for the level of mis-communication but because it is an ongoing investigation, some of the information remains undisclosed to be effective.  Mr. Spirlet asked what the Assessors thought about this situation; also, Town Counsel’s opinion with its discrepancy should be looked into.  Mr. Spirlet told the Assessors none of this was meant to slight them.  Mr. Schmid stated he was puzzled by the legal opinion and looked forward to the Town Attorney’s explanation.  Mr. Ouellette stated the discrepancy will be looked into and the information forwarded to the Assessors.  Mr. Coughlin stated that on Friday, he received a call from someone involved in the investigation, the chief person looking into this matter.  The Town Attorney was asked to look into this matter but the Board of Assessors has the discretion to make their own decisions.  Mr. Valcourt stated basically, it was an error on the filed application.  Mr. Matheson stated the confusion involves the Section F – Forestland under a Chapter 61A requires a plan but the applicant put it under Section H.  The problem is that the Town Attorney did not see the application.  The application was done properly, just that the information was put in the wrong category.  Mr. Grillo stated the fact of the matter is under a Chapter 61A standpoint, he can’t be denied.  The State has made it very easy for farmers to get Chapter 61A; to be clear, in the Board of Assessors minds, it qualifies for Chapter 61A.  Mr. Medeiros stated the Board of Assessor’s greatest issue is with the gentlemen farmer.  The Selectmen thanked the Assessors for coming in and clarifying the information.

Question & Answer Period
None.

Correspondence Requiring Action and /or Reading
1. Motion made by Mr. Valcourt to send letters of commendation to Joey Garcia and Brad Morel for their rescue efforts at Cherry & Webb Beach in saving two residents. Second by Mr. Spirlet.  The Board voted unanimously in favor.
2. Mr. Ouellette read letters received from Mr. Sullivan – Conservation Commission regarding recognition of service by Richard Spirlet and William Burns.  No action taken.
3. A letter from the Town of Jamestown, RI Town Council regarding the LNG Threat.  No action taken.
4. Motion made by Mr. Valcourt to forward to the Beach Committee a letter received from Tom Hancock regarding parking at Cherry & Webb Beach.  Second by Mr. Dutra.  The Board voted unanimously in favor.
5. A letter was received from SRPEDD regarding Pre-construction Conference for the resurfacing of I-195.  Mr. Ouellette requested the Highway Department be contacted and ask who the representative from their department will be for this meeting.
6. Motion made by Mr. Dutra to endorse the Partnership Agreement for SRPEDD as lead applicant for the Regional Plan for Sustainable Development for Southeastern Massachusetts under the proposal to HUD, DOT and EPA.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
7. A letter was received from the MA DEP regarding the State Revolving Fund Loan Program.  No action was taken.
8. Motion made by Mr. Dutra to appoint Warren Messier to the Dredging Committee and Fire Station Building Committee as Finance Committee Rep. – Jack Baughan to the Capital Improvement Planning Committee as Finance Committee Rep. – Mark Carney to the Tax Incentive Program Committee as Finance Committee Rep.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
9. Motion made by Mr. Spirlet to appoint Jack Baughan to the Westport Economic Development Committee as an At-large member.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
10. A letter was received from the City Manager of the City of Lowell, MA regarding health insurance costs.  No action was taken.

Town Administrator’s Report
1. Budget Update:  Medicare funds have passed the House and there should be some funding coming back but it will be essential to constrain spending on non-essentials.  There will be a Special Town Meeting perhaps for late October, early November.  The Board will need to consider the unanticipated lawsuit, restrictions on funding from the State because in September there will be a shortfall.  In the late fall, the deficit will be addressed by the Governor.  Mr. Coughlin stated at this time, the Town needs to wait and see what funds are restored and where the Town stands.
2. Perry Property:  There are no funds to demolish the property.  Mr. Ouellette stated that perhaps this matter could be brought to Town Meeting to get the funds to clear up the property before someone gets hurt.  Mr. Valcourt asked if the Fire Department could use the building for training purposes.  Mr. Ouellette stated no, due to health conditions existing in the building.

Consider / Reconsider
1. Motion made by Mr. Spirlet to appoint Gerard Guimond as a Per Diem Dispatcher for the Police Department to fill slots of regular dispatchers when needed.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
2. Motion made by Mr. Valcourt to appoint the following to the Beach Avenue Sub Committee:  Dan Ledoux-Fire Dept. rep., Jack Reynolds-Conservation Commission rep., John Montano-Planning Board rep., Peggy Stevens-Land Trust rep., Janice Peixoto-Full Time Resident Abutter, Keith Pelletier-Police Dept. rep., Jeff Majewski-Police Dept. Alternate Voting rep., Harold Sisson-Highway Dept. rep., Chris Goncalves-Highway Dept. Alternate Voting rep.  Second by Mr. Dutra.  The Board voted unanimously in favor.

Other Issues
1. Mr. Valcourt announced that on Sunday – August 22, 2010 from 12 – 6 PM, a benefit will be held at the Holy Ghost Club for the Thibault’s, whose home was flooded during the historic floods back in March.
2. Mr. Valcourt stated he found the MA DOT figures to be appalling in an article he read.  For the State to maintain state roads the cost is $523,000.00 per mile.  Of the amount, only $87,000.00 is truly for maintenance, the rest is administration costs.
3. Mr. Schmid asked if on the next agenda, an item to discuss the Board’s goals and initiatives for this fiscal year could be placed and also an item to discuss the goals and objectives for the Town Administrator, which supports the Board’s goals.

Motion made by Mr. Valcourt to adjourn the Board of Selectmen’s meeting at 7:30 PM.  Second by Mr. Schmid.  The Board voted unanimously in favor.

Adjournment.

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

APPROVED: Richard M. Spirlet, Clerk