Westport News

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

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.

Mr. Ouellette called for a moment of silence to remember those who passed away this past week: Charles Bouchard (Westport Police & K-9 Officer), Lionel Levesque (Reserve Police Officer), Conrad Fontaine (Reserve Police Officer & Dispatcher), Thomas Lord (father of Tax Collector Carol Borden and Quentin Lord-Highway Department employee), Audrey Tripp (School Teacher/Principal), Jane Dybowski (Teacher), Ethan Goncalo (Fall River resident who gave his life for his country serving in Iraq) and also, to keep in your thoughts and prayers, Sgt. Daniel Sullivan (Police Officer) who is very ill at this time.

Mr. Ouellette also announced that Mr. Valcourt would not be attending the meeting tonight due to a family emergency.

Public Hearing – RE: An application request of Gulf Holding, LLC d/b/a Westport Mobil at 275 Martine Street, Fall River, MA, Rich Carrigg-Manager to maintain 3 underground storage tanks for gasoline and diesel on property located at 634 American Legion Hwy., Westport, MA.  Property is located on Assessor’s Map 30, Lot 25A
Mr. Ouellette opened the hearing at 6:02 PM with the reading of the Public Hearing Notice.  Present:  Mr. Carrigg.  No abutters were present.  Mr. Carrigg stated the service station would open within two weeks; it is reopening as a Mobil Station.  Mr. Carrigg is the owner/manager.  The prior owner was C.K. Smith.  Mr. Carrigg stated this is not his first station, he owns several others throughout MA and RI.  It was noted there are no issues on site.
Motion made by Mr. Dutra to approve the license application for underground fuel storage for Westport Mobil, Rich Carrigg, owner/manager.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).
The public hearing was closed at 6:05 PM.




Ronald Potter & Harold Sisson – RE: Capital Acquisition Sub Committee – Special Municipal Employee Status
Mr. Potter and Mr. Sisson were present.  Mr. Sisson stated they were here tonight to ask the Board of Selectmen to grant Special Municipal Employee status for Mr. Potter.  This request is due to the fact that Mr. Potter was appointed to the Sub-Committee for Capital Acquisition for the Highway Department as an advisor on the purchasing of heavy equipment.  Mr. Coughlin felt it was a conflict of interest because Mr. Potter won the sand bid for the Highway Department.  Mr. Potter contacted the State Ethics Commission on this matter and they have okayed Mr. Potter to serve stating that there was no conflict because he is only advising but the next step for Mr. Potter is to ask for the Special Municipal Employee Status from the Selectmen in order to keep serving.  
Motion made by Mr. Spirlet to extend “Special Municipal Employee status” to the Sub-Committee for Capital Acquisition for the Highway Department.  Second by Mr. Schmid. The Board voted 4 in favor, 1-absent (Valcourt).
Motion made by Mr. Spirlet to exempt Ronald Potter after examination of the facts.  Second by Mr. Schmid. The Board voted 4 in favor, 1-absent (Valcourt).

Clayton Harrison, Zoning Board of Appeals – RE: Request for Special Municipal Employee Status
Mr. Harrison was present and explained that the Zoning Board is requesting Special Municipal Employee status because of a change in the ethics laws; and where as the ZBA is trying to carry out their duties but due to some of the members holding various positions in Town, it is becoming more and more difficult to not have a possible conflict.   Mr. Harrison noted this status has been granted to the Conservation Commission, Planning Board and the Housing Partnership Committee.  Motion made by Mr. Dutra to grant “Special Municipal Employee status” to the Zoning Board of Appeals.  Second by Mr. Schmid. The Board voted 4 in favor, 1-absent (Valcourt).

Donna Lambert – RE: Special Municipal Employee Status / Appointment of Acting Animal Control Officer
Ms. Lambert was present.  Ms. Lambert stated that she is covered by the status because it was given to the Board of Health and the Zoning Board of Appeals.
Motion made by Mr. Spirlet to appoint Donna Lambert at Acting Animal Control Officer until a permanent appointment to this position can be made.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Valcourt).

Mary Ellen Gomes, COA Director – RE: Grant application for Mobility Assistance Program
Ms. Gomes stated this application is a backup should SRTA, who has applied on behalf of the Town, not be able to obtain the grant.  Ms. Gomes felt this would be great to use for a demand response vehicle. If the grant is approved through SRTA, it would be at no cost to the Town and SRTA will maintain the vehicles.  If they can’t obtain the grant, this application is backup, in which the State pays 80% and the Town would pay 20%; and that money would come from funds from the Friends of the Council on Aging.  
Motion made by Mr. Dutra to direct the COA Director to pursue the demand response request from SRTA.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).
Motion made by Mr. Dutra to move the signing of the grant application to the State should SRTA not obtain it, with the funds coming from the Friends of the Council on Aging, if needed.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).
Mr. Ouellette asked if Ms. Gomes could pursue with SRTA the installation of shelters on Route 6 near the housing.  Ms. Gomes stated she would approach them.
Ms. Gomes also noted that the Board of Selectmen is invited to attend the Ham Dinner with Santa at the Council on Aging on Wednesday.  Ms. Gomes stated the COA has been giving away at least 90 bags of food per month to any Westport resident who needs it and also, there will be 30 Christmas baskets given this year.

Question and Answer Period
1. Anne Barnes asked why the Energy Committee Meetings are not televised or have a Question and Answer Period for the public attending their meetings; all with a goal of public education. Ms. Barnes stated the people need to understand what this project could cost, which is about $4.5 million.  Mr. Ouellette stated that she could take that up with the Energy Committee at their next meeting.
2. Mr. Sisson asked if he could update the Board regarding the Highway Department’s repairs.  Mr. Sisson stated he called Electrical Inspector William Plamondon and Building Inspector Ralph Souza regarding the building repairs.  A bid for quotes for electrical work was sent out.  Essentially, it will cost around $100,000.00 according to prevailing wage rates.  Diman Regional can do the work with no labor cost and can start in 2 to 3 weeks.  Mr. Sisson stated he has a letter from Mr. Souza stating the work should be done a.s.a.p.  The Electrical Teacher from Diman also agrees with Mr. Plamondon.  In addition, there are leaks in the roof, which are damaging the beams of the Highway Department building.  The electric can be done in an energy efficient manner with windows and exhaust fans.  The carpentry person says the first item would be for over the office; that needs to be taken care of right away.  Mr. Sisson stated he was told there are special programs to help fund this and Diman works with Dartmouth Building Supplies and Munroe Electric for the best pricing.  Mr. Ouellette asked if Mr. Sisson had estimates on the material fees.  Mr. Sisson stated he would get the numbers from Diman and from Baraby Electric.  Mr. Coughlin stated the Capital Improvements Committee has received all this information from Mr. Sisson at their last meeting.  Mr. Sisson stated that he is probably looking at half the price using Diman and not having to pay prevailing wages.  Mr. Sisson stated this work has to be done now, it is posing a danger to the employees.  Mr. Souza stated the electrical definitely needed to be done right away along with securing the structural framework.  Mr. Sisson stated the roof leaks like a sieve.  Mr. Ouellette stated the roof needs to go to Town Meeting.  Mr. Coughlin stated that Diman should be on the state bid list and he agrees with Mr. Sisson, the basic electrical work is imperative; the Director of Diman will send a letter for the scope of work for the emergency repairs.
Motion made by Mr. Spirlet to allow Mr. Sisson to go forward with the emergency electrical and structural repairs with the exception of not installing the exhaust fans or the roof at this time and to deal with Diman on getting the estimate figures for the repairs.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Valcourt).
3. Walter Barnes stated there is a serious error on Article 7, which passed at the recent Special Town Meeting that needs to be addressed.  Mr. Barnes stated the error which needs amending is located on page 3 of the grant application in regards to megawatts and kilowatts. Mr. Coughlin stated the motion that was adopted at Town Meeting had the correct wording and it does prevail.  Mr. Ouellette asked that Mr. Coughlin look into this matter with the Town Clerk and the Town Moderator.

Correspondence Requiring Action and / or Reading
1. Mr. Coughlin stated there have been meetings with the private landowner on a couple of issues.  The landowner is indicating that they are not ready to move on this yet.  There has been no input from anyone else.  There is another meeting planned for next week.  Mr. Ouellette asked what the Town’s options were at this time in regards to the grant money.  Mr. Coughlin stated it would not be lost.  This item will be placed on the next agenda.
2. Mr. Coughlin stated there has not been an official resignation letter submitted yet from Veteran’s Agent Ronald Costa.  Mr. Spirlet felt the members of the James Morris Post #145 of the American Legion should be part of the search committee for a new Veterans Agent, when the time calls for it.  Mr. Ouellette stated that it is the consensus of the Board, that they be involved as requested.
3. Mr. Ouellette read letters from the Planning Board to the Fire Department for use of their conference room and to William Baraby for his donation of installation of a phone system for the Planning Board.  Motion made by Mr. Spirlet to forward letters of thanks on behalf of the Selectmen to both entities.  Second by Mr. Dutra.  The Board voted 4 in favor, 1-absent (Valcourt).
4. Motion made by Mr. Spirlet to accept the resignation of Gay Gillespie from the Estuaries Committee and to forward a letter of thanks.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Valcourt).
5. Motion made by Mr. Dutra to forward a copy of the letter received from Philip Beauregard requesting signage at the intersection of Gidley Town Road, Division Road and White Oak Run to the Safety Officer for comment and/or recommendations.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).

Town Administrator’s Report
1. Mr. Coughlin gave the Board a brief overview of the process for the FY ’12 Budget and stated the Budget Sub-Committee will go forward and meet again on December 20th at 6:00 PM in preparation for the FY ’12 Budgets.
2. Mr. Coughlin stated the Department of Revenue will be visiting on December 15th and will be interviewing as many people as possible for the preparation of their report.
3. Mr. Coughlin stated before the Board is the latest draft of the proposed agreement for the Cadman-White Handy House property.  The agreement would give the Town, the first right of refusal.  The Historical Society will abide by the law and their responsibilities in managing the property.  This agreement has been worked on by CPC, the Town Attorney, the Historical Society and their attorney.  Mr. Antone Connors, Historical Society Chairman stated the agreement has been worked out with the Board of Selectmen and the Historical Society, this will provide for a way to handle the property should the Historical Society be unable to continue. Attorney Dorothy Tongue stated she represented the Historical Society.  Mr. Dutra stated that in case of anything happening to the CPC, a successor is not named.  Mr. Connors stated it is implied that it would revert to the Board of Selectmen.  Mr. Spirlet stated the Historical Society is a private entity that will have total control of the property, the Town has the first right of refusal but what does the Town get back?  Mr. Connors stated it would be a grant to the Town as a gift.  Attorney Tongue stated that in paragraph 13, if due to unforeseen circumstances, should a piece of the property be sold, any money would go to the Historical Society to care for the Handy House; if the property were to be sold, the Historical Society would be reimbursed and the rest would go to the CPC funds.  Mr. Spirlet asked about the liability to the Town.  Ms. Tongue stated that anyone visiting the Handy House could not hold the Historical Society or the Handy House liable for anything.  Mr. Spirlet asked if this had been totally reviewed by Town Counsel.  Mr. Coughlin stated it was extensively reviewed.  Mr. James Coyne asked if the Historical Society would be allowed to do work prior to obtaining this agreement.  The Board replied no.  
4. Ms. Eileen Sheehan, Personnel Board stated the Personnel Board was seeking guidance on the Nepotism Policy.  Ms. Sheehan stated this would require a fair amount of understanding and would like to work with the Board on accepting a policy.  The Personnel Board supports a Nepotism Policy; the same one which is being circulated before the Board of Selectmen.
Motion made by Mr. Dutra to authorize the Town Administrator to send out a brief memo containing the information regarding nepotism and that a possible policy will be created.  Second by Mr. Spirlet.  The Board voted 4 in favor, 1-absent (Valcourt).
5. Mr. Coughlin stated that Waste Zero would like to come before the Board of Selectmen and the Board of Health to give a formal presentation, hopefully, they will be ready for the next meeting of the Board and an invitation will sent out to the Board of Health.

Consider / Reconsider
1. Ms. Samantha Tripp and Dog Officer Donna Lambert were present.  Ms. Tripp stated the dogs were not on the property.  Ms. Lambert stated Ms. Tripp has paid all the citations and fees; the dog has been moved to 360 Gifford Road, with the dog being registered, licensed and vaccinated under that address. Ms. Tripp is aware the dog needs to be kept confined.  Ms. Lambert stated at this time, she does not consider the dog to be a danger, but if the dog continues to be loose, it will be picked up and the matter will be before the Board again.  The Board of Selectmen will continue this matter and do a follow-up with the Dog Officer in six months.
2. Motion made by Mr. Dutra to accept the resignation of Paul Schmid from the Board of Selectmen and to place the remaining unexpired term on the April election ballot.  Second by Mr. Spirlet.  The Board voted 3 in favor, 1-abstention (Schmid), 1-absent (Valcourt).
Mr. Ouellette stated that Mr. Schmid is requesting his salary be reduced to $1.00 per month until January.  Mr. Coughlin updated the Board stating the election could not be moved up even with a petition, it should remain on the April cycle.  Also, the School Superintendent has indicated that the Special Election will be needed by March 1st; a legal opinion has been sent on this matter and the Town will have to have both elections.
Motion made by Mr. Dutra to set the Special Election for the School Department on Tuesday, March 1, 2011.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).  Mr. Coughlin stated the School Committee is willing to work with the Town on the expense.
3. Motion made by Mr. Dutra to approve the request for a Christmas Potluck Lunch by Town employees on Wednesday, December 22, 2010 with the closing of Town Hall and Town Hall Annex for one hour.  The closing is to be posted at Town Hall, Town Hall Annex, on the website and the cable access channel.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).
4. Motion made by Mr. Dutra to approve the Board of Selectmen’s Meeting schedule as follows:  January 10 & 24 (Mondays) – February 7 (Monday) & February 22 (Tuesday) – March 7 & 21 (Mondays).  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).
5. Motion made by Mr. Dutra to appoint Sara E. Motta as a part-time, per diem Dispatcher for the Westport Police Department subject to Personnel Board review of the job description prior to beginning the position.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).
6. Motion made by Mr. Spirlet to approve the ABCC temporary Seasonal Population Estimates & Renewal Certification for 2011.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Valcourt).
7. Motion made by Mr. Spirlet to approve the Annual Renewals for Liquor Licenses with the exceptions of non-renewals of Olde Westport Beer & Wine and Ellie’s Place; noting that Overtime Sports Pub has been indefinitely suspended by the ABCC.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Valcourt).
2011 Renewals are:
Package Goods Store – All Alcohol: Briere’s Inc., Lees Supermarket, State Road Package Store, Watuppa Package Store, Westport Market and Westport Wine & Spirits.
Package Goods Store – Wines and Malts:  Harry’s Country Store
Restaurant – All Alcohol: The Back Eddy, The Bayside Restaurant, Bittersweet Restaurant, Holiday Lanes, Kozy Nook Restaurant, Oriental Pearl, Portas da Cidade, Westport Club, Inc., The Westporter and White’s of Westport.
Restaurant – Wines and Malts:  Marguerite’s Restaurant and Mediterranean Café & Pizzaria.
Restaurant – (Commercial Club) All Alcohol:  Holy Ghost Club, Inc. and WAR Ouellette Post # 8502.
8. Motion made by Mr. Dutra to approve the Annual Renewals for Motor Vehicles with the exceptions of those licensees with outstanding issues; those licensees are to come before the Board or submit written reports on their status for consideration.  Second by Mr. Schmid. The Board voted 4 in favor, 1-absent (Valcourt).
2011 Renewals are:
Class I:  Gil’s Powersports, Inc. and JP Trailer Manufacturing    
Class II:  Advanced Motors Sales & Service, Amaral Bus/Truck Sales & Service,       AutoPlus Motorcars, Beaulieu's Garage, Bernard Auto Sales, Inc., Brookside Motors,      Caraballo Auto Sales, Carvalho's Bargain Motors, C & D Automotive Repair &      Sales, Dan's Auto Sales, Distinctive Auto Sales, F & R Auto Sales, Inc., Ferreira's Auto Body & Sales, Ferreira's Auto Sales & Marine Annex, Ferrine’s Sales & Service, Forge Auto Sales, Inc., Frank E. Brayton, Jr. Auto Sales & Service Inc. & Annex, G. Souza's Hillside Motors, Inc., G & S Used Auto Sales, Glenwood Auto Sales, Goldstein's Farm Equipment, Greenwood Park Motors, Inc., Hart Auto Sales, High Tech Auto Sales & Service, Highland Auto & Trucks Sales, Hometown Motors, Horseneck Auto Sales, Inc., J.B.S. Towing Services Corp., J & L Pond View Auto Sales Corp., John Soares Village Garage, Inc., Leclair’s Auto Sales, Mike's Auto, Norwest Auto Sales, Inc., Nu-Way Auto Sales, Pine Hill Auto Sales, Prestige Auto Mart, Inc., R & J Auto Sales, RJM Motors, R & R Auto Body & Sales, S & K Auto Sales, Samson’s Ent. Auto & Truck Repair, Showtime Auto Outlet, LLC, State Road Auto Sales, Inc., State Road Auto Sales, Inc. Annex, State Road Motors, Tech Auto World, LLC, 3D Auto Sales Inc., Union Avenue Auto Sales, Westport Auto Center, Westport Auto & RV Center
Class III:  Lantic Salvage, Mid-City Scrap Iron, Inc., Robert J. Desmarais          Garage & Service Station Repair Licenses:  Adamsville Garage, Advanced Motor       Sales & Service, Amaral Bus/Truck Sales & Service, Beaulieu’s Garage, C & D Automotive Repair, Carvalho’s Bargain Motors, Inc., Distinctive Auto Body       & Refinishing, East Coast RV & Auto Repair, Ferreira’s Auto Body & Sales, Five Star Collision, Inc., Four Square Garage, Frank Bowman’s Auto Repair, Genie Auto Repair, Gil’s Powersports, Inc., Glenwood Auto Detailing, Hart Auto Body, Henry’s Diesel Performance Plus Inc., High Tech Auto Sales & Service, J’s Repair Garage, J.B.S. Towing Services Corp., Joal’s Garage, Joe’s Auto Repair, John Soares Village Garage, Inc., Lou’s Custom Exhaust, Macomber’s Garage, Magic Jeannie, Martin’s Repair Shop, Mendes Auto Repair, Norwest Inspections, Nu-Way Auto Repair, Pine Hill Auto Repair, Inc., Prestige Auto Mart, Inc., R & J Auto Sales, R & R Auto Body & Sales, Ray’s Repair, Rogers Automotive, Inc., Rte. 6 Gas, Samson’s Ent. Auto & Truck Repair, State Road Auto Sales, Inc., Westport Auto Clinic, Westport Tire, Inc.,
Wilfrid’s Garage, Inc.            
Storage Yard Licenses: G & M Towing and Transport    State Road Auto Sales, Inc. Annex       
9. Motion made by Mr. Dutra to approve the Release of Lien for Assessor’s Map 23, Lot 28F, also known as 61 Gifford Road.  Second by Mr. Spirlet.  The Board voted 4 in favor, 1-absent (Valcourt).
10. Mr. Ouellette, Mr. Dutra and Mr. Schmid will be attending the Annual MMA Meeting and Trade Show; they will be contacting Ms. Pelland with the details of their attendance.
11. Motion made by Mr. Dutra to approve the Regular Meeting Minutes of September 7, 2010, November 15, 2010 and November 29, 2010 and the Special Meeting Minutes of November 23, 2010.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Valcourt).

Other Issues
None.

Executive Session – 7:46 PM
Motion made by Mr. Spirlet to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss the Town Administrator’s contract, discuss a Highway Department matter and to approve Executive Session Minutes.  Second by Mr. Dutra.  The Board voted 4 in favor, 1-absent (Valcourt).
Roll Call Vote:  Mr. Spirlet-aye. Mr. Dutra-aye. Mr. Schmid-aye. Mr. Ouellette-aye.

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

Open Session – 9:14 PM
Motion made by Mr. Dutra to adjourn the Board of Selectmen’s Meeting.  Second by Mr. Spirlet.  The Board voted 4 in favor, 1-absent (Valcourt).

Adjournment.

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

APPROVED:   Richard M. Spirlet, Clerk