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BOS Minutes 02-22-11

BOARD OF SELECTMEN
REGULAR MEETING MINUTES
TUESDAY
FEBRUARY 22, 2011

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

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 – RE: Final Note for Fire Station Bond
Town Treasurer George Foster was present and was requesting approval of the final note for the Fire Station Bond in the amount of $91,000.00.  The Board agreed and signed the note.

At this time, Mr. Valcourt explained the ballot question that will be presented for the Special Town Meeting on March 1, 2011.  Mr. Valcourt stated this is for school projects (roof and window replacements at the High School, window replacements at the Middle School and roof replacement at the Macomber School) using stimulus money with only 56 percent of the estimated cost of $2.5 million being allowed to be borrowed.  This will be a 10-year bond and will cost the taxpayer about $20.00 per tax bill at the beginning and about $3.00 per tax bill at the end of the bond.

Public Hearing – Continued/Update – RE: 1813-1815 Main Road, Joseph & Angie Furtado, owners
Mr. Furtado and Building Inspector Ralph Souza were present.  No abutters were present.  Mr. Souza stated the main house foundation is being worked on now but the past couple of days due to cold weather nothing has been done.  The corncrib is now rough framed and rough electric installed.  Mr. Souza noted that progress on this property has been ongoing and Mr. Furtado is making every attempt on completing this project.
Motion made by Mr. Valcourt to continue this hearing to March 7th for a briefing and to March 21st at 6:00 PM for another formal update.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Schmid).
Mr. Souza gave an update on the former McCray’s on Route 6 – a letter has been sent to owners that the building needs to be made safe.
Mr. Souza also gave an update on 202 Drift Road – the building needs to be demolished.
Mr. Ouellette asked whether Mr. Souza had considered getting a per diem person to help him, Mr. Souza stated that he would rather get office help for his secretary who is handling all of the office with its’ three inspectors and residents and contractors all day long.  

Board of Health – RE: Status Report
Mr. John Colletti and Mr. Sean Leach were present to update the Board.  Items reviewed were the Animal Control Officer, a quick review of the Board of Health & Nursing Budget, the Transfer Station and an article on the warrant for a transfer of money from the Board of Health to the Transfer Station for a new compactor.
Mr. Colletti stated the budget and job description is completed for the Animal Control Officer (ACO) with the description being approved by the Personnel Board.  The budget will be set at $33,610.00 with salary at $26,685.00 and expenses at $6,925.00 which is the same as the Dog Officer.  Mr. Colletti stated he would like to approach the Police Chief because in the ACO description that person will be available 24-7 and will need some assistance such as the Police receiving the call and then contacting the ACO.  
Mr. Colletti stated the Board of Health/Nursing budget has been cut by 4% and is level funded at $249,437.00.  As for the Transfer Station, the yearly stickers will remain at $30.00 and be available on July 1, 2011; Mr. Colletti stated the Board was confident that for FY ’12, the budget will be around $320,000.00 and estimating that $263,594.00 will collected in fees, with expenses being estimated at $255,483.00 making the budget around $60,000.00 under budget and showing a $8,000.00 surplus if all goes well.  
Mr. Colletti stated he has spoken with Kathy Mirza and operating the Transfer Station as an Enterprise Fund, any monies won’t be able to be turned back to the Town.  Mr. Valcourt stated there is a plus side of an Enterprise Fund and that is being able to reinvest in the Transfer Station in order to do such things as the purchase of equipment.  
Mr. Colletti stated they would like to get a new compactor and they are looking at getting a five-year contract with ABC Disposal (3-year with a 2-year option) at about $3.00 less per ton.  Discussion also involved an article for solar power at the Transfer Station.  
Motion made by Mr. Valcourt to put a placeholder on the warrant to transfer money from the Board of Health to the Transfer Station. Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).

Appointment Interviews
Personnel Board – Mr. Jonsson present
Motion made by Mr. Spirlet to appoint Gregory Jonsson to the Personnel Board.  Second by Mr. Valcourt. The Board voted 4 in favor, 1-absent (Schmid).

Energy Committee – Mr. LaValley not present away on vacation and Mr. Raus absent
Mr. Valcourt stated a while ago, the Energy Committee asked if Mr. Miller could be appointed to the Energy Committee due to the fact that they will be facing a lot of financial matters soon and could use the expertise of Mr. Miller in this capacity.
Motion made by Mr. Valcourt to appoint John Miller from the Finance Committee to the Energy Committee. Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Schmid).

Shellfish Advisory Committee – Ronald Savaria present
Mr. Valcourt asked Mr. Savaria if he had any aquaculture applications active at this time or any intention of applying.  Mr. Savaria stated no.
Motion made by Mr. Spirlet to appoint Ronald Savaria to the Shellfish Advisory Committee. Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Schmid).
Estuaries Project Committee – George Yeomans present
Motion made by Mr. Spirlet to appoint George Yeomans to the Estuaries Project Committee.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Schmid).

Board of Registrars – Elizabeth A. Collins present
Letters of recommendation were received from the Board of Registrars and the Democratic Town Committee for Ms. Collins.  Mr. Ouellette stated this seat is vacant due to the passing of Robert St. Amour.
Motion made by Mr. Dutra to appoint Elizabeth A. Collins to the Board of Registrars. Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).

Westport Cultural Council – Carol A. Vidal present
Motion made by Mr. Dutra to appoint Carol A. Vidal to the Westport Cultural Council.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).

Commission on Disability – Mr. Ouellette stated John Pelletier was absent due to being delayed at Logan Airport; he phoned the office earlier.
Motion made by Mr. Spirlet to appoint John Pelletier to the Commission on Disability.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Schmid).

Ad Hoc Committee – RE: Annual Town MeetingWarrant Articles
Ms. Dianne Baron, Ms. Lisa Arnold and Craig Dutra were present.  Mr. Dutra stated this committee was created about one year ago and consists of Dianne Baron, Jane Loos, Lisa Arnold, George Foster, Antone Vieira, John Colletti and himself.  The committee has been looking at bylaw changes rather than the creation of a charter.  The committee is presenting three proposed warrant articles regarding the Board of Selectmen, Town Administrator and a Financial Management Team; the committee is also working on defining the budget process with the goal of getting the budget back on track.  Mr. Valcourt stated he felt the committee is doing an excellent job and suggested right now the deadline submission is key to Town Meeting.  Mr. Spirlet stated he has some issue with Section 5605.1 – Appointing powers; he felt that some delegated authority was fine but the Board of Selectmen should still retain responsibility and 5605.3 needs to be looked at, but other than that this is excellent work.  Mr. Dutra stated the fundamental change that was considered was to clarify what is there presently rather than creating something else.  Mr. Dutra stated the committee has a broad spectrum of opinions and that makes for a good working committee.  Mr. Dutra asked the Board to consider re-appointing the same members for the rest of the fiscal year, so they can continue to work.
Motion made by Mr. Spirlet to extend the appointments of the current members of the Ad Hoc Committee to July 1, 2011.  Second by Mr. Valcourt. The Board voted 4 in favor, 1-absent (Schmid).
Motion made by Mr. Valcourt to accept the Ad Hoc Committee’s recommendations for the warrant articles language regarding the Board of Selectmen, Town Administrator and Financial Management Team.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).


Board of Assessors – RE: Update on the Assistant Assessor position
Assessors John McDermott and Steven Medeiros were present.  Mr. Medeiros stated the Board has completed their interviews and is now down to the final candidate.  The Personnel Board step of this process has been completed and they would like to offer employment to this candidate.  Mr. Coughlin stated he has spoken with Sharon Potter on this matter and recommends filling the position.
Motion made by Mr. Spirlet to allow the Board of Assessors to make an offer of employment to their final candidate.  Second by Mr. Valcourt. The Board voted 4 in favor, 1-absent (Schmid).

Budgets – FY ’12 – RE: Review by Town Administrator
Mr. Coughlin stated that over the past several months, Department Heads have worked hard following directives on their budgets.  There have been many tough decisions and there will be more to make especially with a cut in Local Aid that is expected.  Mr. Coughlin stated the formation of the Budget Sub-Committee has proven to open communications and resolve problems.  The process began in December with the filing level-funded budgets; each budget will be reviewed; an analysis of the impact of the Governor’s House One Budget will be conducted; budgets will be reduced by not filling vacant positions; and a look at public safety and public education will be done.  A review of the past year and the budgeting process and a look at additional funding sources will be conducted while working on last year’s auditor recommendations.  The final recommendation was level-funded budgets.  With that recommendation, there will not be the layoff of one fireman, the ability to replace police cruisers and we will be far above the state requirements for education and there will be major reconstruction of maintenance.  Mr. Dutra stated that it is imperative to reconvene the Budget Sub-Committee to review this since the release of the Governor’s House One Budget.  
Mr. Coughlin stated that a lot of discussion will take place and he will be putting all departments on a single sheet; reminding everyone that House One is only the start and the current Snow & Ice Deficit of $177,000.00 will have to be dealt with.  This budget also does not include any monetary articles that will be presented at Town Meeting and we need to watch what the House and Senate will do.

Question and Answer Period
1. Edward Goldberg – would like to ask a question regarding the composition of the Energy Committee.
Mr. Goldberg stated the composition of the Energy Committee was very important and the Energy Committee should make an effort to reach out to qualified people in the community for expert advice.  This is a very large, expensive and complex project and there is a potential of making at least $500,000.00 in mistakes.  In the best interest of the Town, the Committee should be restricted to five people with backgrounds in this field.  Mr. Ouellette stated the committee consists of seven members and the positions were advertised for anyone.  Mr. Valcourt stated there is a member with an engineering background, one with a financial background and myself having a construction background; also, that is why we hire consultants with expertise in this field. Mr. Spirlet suggested that perhaps the positions could be advertised on the scroll with a background specific, this could also be done for other positions as well.  Mr. Ouellette stated there is a limited crop to chose from and other comments have been made that the turbine was too small, now it is too big.  If a member wants to put together a position description and bring it to the Board, that is okay.  Mr. Walter Barnes stated he was looking for open informational meetings and would like to be able to openly discuss this project with the committee instead of not being able to talk.  Mr. Ouellette stated these are open meetings.  Mr. Valcourt stated the Energy Committee meetings are open and at this time, they are still in the research stage with really nothing to discuss; when they receive information, it will be out there for everyone and whoever would like to discuss it.

Correspondence Requiring Action and/or Reading
1. Motion made by Mr. Spirlet to approve the request from New Balance for the Reach the Beach Relay subject to the Police Department recommendations.  Second by Mr. Valcourt.  The Board voted 4 in favor, 1-absent (Schmid).
2. Motion made by Mr. Dutra to approve the request from Max Performance for the annual Buzzards Bay Triathlon subject to the Police Department recommendations.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).
3. Mr. Coughlin stated that preliminary research was done on this area when the Fire Station was being built.  This matter has been forwarded to Town Counsel for an updated review.  Mr. Valcourt stated if more land was needed it would be handled under a Home Rule Petition but we are still waiting on surveys and may not need the land.  If needed, generally these types of actions pass easily.
4. Mr. Coughlin stated he did not see any conflict in reference to a letter received from John Taylor about an ethical violation by the Historical Commission.  Mr. Coughlin stated there is no financial gain and all the persons serving on the Historical Commission are volunteers.  Mr. Coughlin stated he has not reviewed the tape of the meeting but again, in reading the letter, there appears to be no conflict.  Mr. Coughlin stated that he would speak with Ms. Connors.  Mr. Valcourt stated that he believed this happened after the meeting was closed.

Town Administrator’s Report
1. Motion made by Mr. Spirlet to place an article on the Annual Town Meeting Warrant to rescind previously authorized but un-issued debt for the Fire Station; this authorization is no longer needed as the purpose for which it was authorized is either complete or no longer needed.  Second by Mr. Valcourt. The Board voted 4 in favor, 1-absent (Schmid).
2. Mr. Coughlin gave the Board on update on the Hix Bridge Aquatic Restoration project, which is finally moving forward.  There has been removal of boulders, which should help the flow of the river and that in turn should help to clear the waters.  The date for commencement of work is scheduled for around April 12, 2011.  Mr. Ouellette asked that Mr. Coughlin see if that date can be changed due to that date being Election Day.
3. Mr. Coughlin asked if the Board would like to explore the options being offered by NStar.  Mr. Coughlin stated he met with Seth Pickering of the Governor’s Green Communities Division along with Charlie Tavares and Steven Grattan of NStar concerning the potential of Westport being designated as a Green Community.  Mr. Coughlin would like the Board to entertain the idea of Mr. Pickering being invited to give a presentation to the Energy Committee.  Mr. Dutra noted that NStar does not need to go through the Energy Committee.  
Motion made by Mr. Spirlet to have Mr. Coughlin contact NStar to conduct their audit for the Green Community.  Second by Mr. Valcourt. The Board voted 4 in favor, 1-absent (Schmid).
4. Motion made by Mr. Dutra to approve the FY 2009 CDF Grant contract extension amendments for Kelly Contracting, LLC,  Lead Safe Environmental Services and STG Consultant Services.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).
5. Town Planner Sarah Raposa was present and stated that Town Counsel said the use of the As-Built Plans from 1997 would be acceptable to use at the public hearing for acceptance of the road layout of Morning Dove Drive but the Registry of Deeds will require the actual layout plans for recording.  Ms. Raposa stated she was asking on behalf of the Planning Board that the Board of Selectmen hold a public hearing to accept the layout without the actual layout plans.  Ms. Raposa stated that before the final acceptance at Town Meeting though, the actual layout plans would need to be presented.  Ms. Raposa stated as far as the surety bond, it would only need to go to Town Meeting if the cost exceeded the amount of the bond.  The Planning Board will be meeting on March 23, 2011 regarding Morning Dove Drive.
Motion made by Mr. Valcourt to hold a public hearing for acceptance of the road layout of Morning Dove Drive on Monday, March 7, 2011 at 6:30 PM.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Schmid).
6. Mr. Coughlin stated that he received an updated Business Plan for Cable Television, which he is presenting to the Board, but the Cable Advisory Committee will need to meet in order to review it.  Mr. Spirlet stated that he would like to see the Fire Station included as a broadcast area, especially for emergency situations.

Consider / Reconsider
Mr. Dutra stated that as a clarification of the minutes that are older and outstanding, our Confidential Clerk did not do them, a stand-in minute’s taker did them.  Mr. Dutra stated that minutes takers must submit any minutes taken within a two-week period.  Mr. Spirlet stated minutes needed to be kept up and all boards need to be responsible for turning them in on time.
1. Motion made by Mr. Dutra to approve the Regular Meeting Minutes of June 1, 2009.  Second by Mr. Valcourt.  The Board voted 3 in favor, 1-absent (Schmid), 1-abstention (Spirlet).
2. Motion made by Mr. Dutra to approve the Regular Meeting Minutes of September 20, 2010. Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).
3. Motion made by Mr. Dutra to approve the Regular Meeting Minutes of January 10, 2011. Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).
4. Motion made by Mr. Dutra to approve the amended Regular Meeting Minutes of January 24, 2011.  Second by Mr. Spirlet. The Board voted 4 in favor, 1-absent (Schmid).  Amendment:  page 5 - #3. Delete Spirlet and insert Valcourt regarding site visit.
5. Motion made by Mr. Dutra to approve the amended Regular Meeting Minutes of February 7, 2011.  Second by Mr. Spirlet.  The Board voted 3 in favor, 1-absent (Schmid), 1-abstention (Valcourt).  Amendment: page 4 - #2. Delete “some money is to be returned to the utility company”.

Other Issues
1. Mr. Valcourt apologized for losing his temper with Mr. Barnes and Mr. Goldberg but the Committee is still in the discovery and fact finding stage with no solid financials or study.  The Committee will have public meetings with public input once all information is received.
2. Mr. Ouellette stated a copy of the Sidewalk Ordinance from the Town of Dartmouth has been given to Board members because of snow on the sidewalks in our Town, causing complaints of sight problems for motorists and people having to walk on Route Six; the stockpiling is continuing and we still have more winter to come.  Mr. Ouellette would like to consider the Sidewalk Ordinance because something has to be done.

Executive Session – 8:05 PM
Motion made by Mr. Dutra to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to approve Executive Session minutes, discuss collective bargaining for Police, Fire, Town Hall and Non-Union Personnel and the Town Administrator’s contract.  Second by Mr. Spirlet.  The Board voted 4 in favor, 1-absent (Schmid).

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

Mr. Ouellette announced that the Board would return to Open Session following the Executive Session.

Open Session – 9:45 PM
Motion made by Mr. Valcourt 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

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