BOS Minutes 09-06-11
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
TUESDAY
SEPTEMBER 06, 2011
Members Present: Richard M. Spirlet, Chairman
Craig J. Dutra, Vice Chairman
Steven J. Ouellette
Antone C. Vieira Jr.
James W. Coyne, Clerk
Chairman Spirlet 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.
Public Hearing - RE: 202 Drift Road.
The public hearing was opened at 6:01 PM. Attorney Jeffrey Blake, Kopelman & Paige was present. Attorney Blake stated this hearing was being held under MGL Chapter 139, Section 1 and was to determine whether the property located at 202 Drift Road is a nuisance to the neighborhood or dangerous, and if found so, to prescribe its disposition, alteration or regulation. It was noted that the owner of the property was notified of this hearing by regular mail and certified/return receipt but is not in attendance tonight; also notified was HSBC Bank. Attorney Blake stated that a little over a year ago, the house caught on fire and was destroyed. The Building Inspector has condemned the building. The Board of Health and the Building Inspector are receiving complaints from the abutters about rats on the property; under Chapter 139, Section 1, the Board has the authority to hold this hearing and under Section 3, the Board can do want they want with the building if there is no response from the homeowners. A notice dated August 15, 2011 was sent to the homeowners; Attorney Blake read the notice aloud. Attorney Blake stated the owner has contacted his office, left a message which stated that they are working with the bank and a buyer for the property. Attorney Blake stated that when he returned a call, there was no answer so he left a message and also notified them that their attendance was required. Attorney Blake stated that eventually he spoke with Mrs. Pearce. Mr. Souza, Building Inspector presented photos dated from July 6th to August 5th; the building is not salvageable. Mr. Souza stated he sent letters to the Pearce’s but there has been no compliance. Mr. Souza stated the building needs to come down. Dr. John Colletti, Board of Health Chairman stated the property has been determined to be a health hazard. Mr. Colletti stated he has quotes to exterminate the rodents and certified letters have been sent out to the owners and the bank. Mr. Colletti stated he was not sure who should pay for the extermination but it needs to be done. Mr. Vieira stated the Board is giving you the means to do this work tonight. Mr. Colletti stated the Board of Health is recommending ECO Systems to do the extermination; it is $145.00 and guaranteed for three months.
Motion made by Mr. Vieira that the Board of Selectmen order the building made safe within 10 days and demolished within 30 days. Second by Mr. Dutra. The Board voted unanimously in favor.
Motion made by Mr. Dutra that the Board finds 202 Drift Road to be a nuisance and a dangerous building based on evidence presented. Second by Mr. Vieira. The Board voted unanimously in favor.
Attorney Blake stated he will put together a letter that will be sent by the Board of Selectmen to the Pearce’s; the letter is to be sent by certified-return receipt and also to be hand-delivered by constable.
Ms. Betty Slade asked where the money to do this would come from. Mr. Spirlet stated that a lien will be put on the property; unfortunately, it is the cost of doing business. Mr. Alden stated he is an abutter and with the owners of the property being broke, the bank is trying to dodge the situation. Mr. Alden stated he knew of two neighbors who tried to buy the property but the Pearce’s refused. Mr. Spirlet stated if the town attorney works with the bank and a sale happens, that would be great. Mr. Vieira stated this has been ongoing for over one year; the motions taken tonight should take care of this problem. The hearing is closed at 6:23 PM.
Elaine Ostroff – Central Village Improvements Committee - RE: Update on Linden Tree / Sidewalk Project.
Ms. Ostroff stated there has been no answer from the MA DOT; if the tree were not to come down, the engineer has sought two techniques for non-removal of the tree and protection of the roots. They are working with the DOT now and it was mentioned that the removal cost would be part of the construction costs. The Board thanked Ms. Ostroff for the update.
George Cataldo – Recreation Commission - RE: Update on Bicentennial Park.
George Cataldo and Tom Shaughnessy were present. Mr. Cataldo stated he and Mr. Shaughnessy visited Bicentennial Park and found the fence gone, probably stolen, a little trash and some graffiti but there was no destruction of the playground or the basketball court. Mr. Cataldo stated there are people from Dartmouth and Fall River coming in to use the park. Mr. Shaughnessy stated that maybe a couple of hours a month could be donated by the Highway Department to help keep the park clean by sweeping and removing trash. Mr. Cataldo stated that perhaps a youth group or Boy Scout troop looking to do a project could be used. Mr. Vieira suggested they look into someone having to do community service because the Highway Dept. is shorthanded at this time; good places to contact would be Diman, BCC, UMass Dartmouth or the even the court system. Mr. Cataldo stated he believed there is probably around $7,000.00 in the Revolving Account that could be used. Linda Harrop, 185 Gifford Road stated she is an abutter directly across the street. Ms. Harrop stated she has continually called and written letters to the Board of Selectmen and the Police Department. The Highway Dept. does pick up trash now and then but at least once a week is needed. Ms. Harrop stated that volunteers were used for a while but that wore out. As for the park itself, there is graffiti all over everything and the fencing was taken down by teenagers after a truck had backed into it but it is still there, just on the ground. The playground equipment is rusted, such as the bolts that are sticking out. As for maintaining the equipment, it is not the Highway Department’s job and as for signage, there is none and it is important to have. There is basketball being played at midnight, a sign used to be displayed for the hours the court could be used but the sign is not there anymore and because it is not there, the Police can’t do their job properly. Ms. Harrop stated there have been injuries and she has had to call 911. The Board requested that the Recreation Commission keep pursuing the community service aspect and to keep the Board up to date.
Robert Russell – Westport Rivers Vineyard & Winery - RE: Discussion of “Local Farmer Brewery / Farmer Winery Pouring Permit”.
Mr. Russell stated this request is allowed under a provision of the MGL Chapter138, Section 12 and addressed further in the ABCC Blue Book on page 28 under Farmer-Brewer Pouring Permits / Farmer Winery Pouring Permits. The license is first approved by the Local Licensing Authority and then forwarded to the ABCC for final approval. Mr. Russell stated this would help especially when they have customers who bring a picnic lunch to the winery or brewery and would like to purchase a glass of wine or ale to drink; it would also be helpful for the summer concert series that are held on their property rather than having to apply for a one-day permit continually.
Motion made by Mr. Dutra to provisionally approve a pouring license subject to ABCC ruling and pending further investigation for the required paperwork. Second by Mr. Vieira. The Board voted unanimously in favor.
Housing Partnership Committee/Affordable Housing Committee - RE: Perry Property House.
Mr. Spirlet read a letter submitted by the Westport Affordable Housing Trust Committee regarding the property and building located at the Route 177 Perry property. The building on the property is the subject of the Noquochoke Village RFP; currently there has been a responsive proposal and the Committee is in the process of reviewing, studying and assessing the proposal including the bidder’s intent for the use of the building. The Committee is meeting again on September 7th and asks the Board to reschedule their request so the Committee could properly answer their questions. Mr. Vieira stated he is very comfortable waiting but would like to know the intent of the building for the Selectmen’s next meeting. Mr. Dutra stated the building will become the responsibility of the vendor; the Committee has only recently received the proposals and is in the process of reviewing and will soon be ready to come before the Board. Mr. Dutra noted to the Board that he would be away for the next Selectmen’s meeting.
Personnel Board - RE: Updated Appointment Letter Requirements.
This item was canceled.
East Beach - RE: Update.
Fire Chief / Emergency Management Director Brian Legendre and Highway Surveyor Harold Sisson were present. Chief Legendre stated the Highway Dept. has done a great job at East Beach; the Conservation Commission Agent is working with the residents; some of the trailers are back in place; the road is still closed to regular traffic and the barriers are still in place. The asphalt has been removed from the area and the conservation regulations have been lifted. As of today, FEMA and MEMA were both down in Westport, viewing the town and the damage. Chief Legendre stated that according to the threshold that must be met it is 1.8 million for Bristol County. If the Town meets the threshold, the overtime incurred at the Fire, Police and Highway Departments will be covered. There was an incident at East Beach where a non-resident was found scrapping after the storm and removing items, this has been handled by the Police Department. The Town Beach parking area is open and the East Beach owners now have access to their properties. The Conservation Commission has staked the high-water mark. Work is also ongoing at Beach Avenue due to sand removal; the road itself was not damaged. All the power has come back but the wind damage that followed caused more outages because the trees are weak, so everyone needs to be very cautious about falling limbs and downed wires. In working with FEMA, the East Beach Road area has a couple of options. The road can be replaced as it was with no additions and that cost is estimated to be a little over $300,000.00; another option is seawalls and a redesign of the road by engineers. The State/Feds do not want to put good money after bad. Once a disaster is declared, the money will be available. Mr. Vieira asked if this project could be started now, to make sure we are within the time frame. Chief Legendre stated that different agents have given different time frames for an answer. Chief Legendre stated that an option is to close off that section of road that was totally destroyed and place a chain or cable across the road for no access and safety reasons. Chief Legendre stated that at this time, Bristol County is not a declared disaster area although MEMA stated that today, MEMA funds could be used to replace the road; right now, pre-storm, during and immediate expenses are covered but we may not get any money to replace the road right away; according to FEMA, the causeway is the problem. Mr. Sisson stated he could only remove the asphalt, nothing else could be done. Mr. Spirlet asked if stones could be put into place to protect the roadway. Chief Legendre stated that would have to be addressed with the Conservation Commission. Mr. Vieira stated a joint meeting of all involved was needed to get things started for when, approval happens.
Carol Novo, East Beach Trailer Association stated there is a lot of concerns and questions by the residents of East Beach that need to be addressed. There will be a meeting by the Association at the Westport Athletic Club on Saturday and hopefully the Board members are willing to attend. Ms. Novo stated some of the lots are being filled in by the Highway Department, when no private work is to be done. Chief Legendre stated the Highway Department did not take anything from private lots. Mr. Spirlet stated only asphalt, timber, etc. is being taken out. Chief Legendre stated lots can only be worked on as long as the Conservation Commission is contacted before beginning work and as far as lots with tight tanks, they need to contact the Board of Health, especially those on the south side. Mr. Dutra encouraged anyone owning property at East Beach to attend the Conservation Commission and Board of Health meetings. Ms. Novo stated the new mark for mean high water is vastly different from the last couple of years. Mr. Spirlet stated that is under the Conservation Commission jurisdiction. Ms. Novo asked if all of the ocean side could be under a blanket permit; again, Mr. Spirlet stated that is under the Conservation. Ms. Novo stated that robbery has taken place at East Beach, there is no respect and the traffic is bottle-necking just trying to get back to Route 88. Chief Legendre stated the area is open to residents only. Mr. Spirlet asked if the Chief could look into getting a police detail and if there could be reimbursement for this, maybe 75% reimbursement with 25% Town cost; at least a 4-hr. detail to start, maybe 4 to 8 PM. Ms. Novo then requested that the officers of the Association be contacted when FEMA & MEMA meet again. Ms. Novo asked when the road was going to be opened to be able to bring trailers back again and asked if a sign could be placed – RESIDENTS ONLY – NOT A THRU WAY due to the traffic and onlookers who are parking everywhere and also a sign that says that Gooseberry is not open yet. Paul Adler asked if the road was being moved. Mr. Spirlet stated that would a discussion sometime in the future, no determination as of yet. Chief Legendre reminded that no one is land locked down there. Wayne Sunderland stated he thought the talk was of moving the road northerly because there is a concern from people who are looking to purchase property down at East Beach. Mr. Spirlet stated the Town can’t keep putting back the road; something else has to be done. The owner of Sylvan Nursery asked if signs could be put on Hix Bridge stating what is open and what is closed and signs on Drift Road also; this would ease the traffic. Mr. Ouellette suggested a sign on the state road and the issuance of parking permits at no cost to the resident; as for a seawall, we need to consider the residents down there and realize it is not just a small area.
Motion made by Mr. Vieira to have an emergency meeting with the Conservation Commission, Highway, Police and Fire Departments this week or as soon as possible to discuss long term planning. Second by Mr. Coyne. The Board voted unanimously in favor. Mr. Ouellette asked if there was more work being planned for Beach Avenue. Mr. Sisson stated it is open for emergency vehicles; the work can’t be completed with the water problems down there at this time. Also, Mr. Sisson stated that if Gooseberry was taken out, the point would be gone; a new plan is needed for East Beach. Mr. Vieira stated he has received a lot of calls for Beach Avenue; there is no violation to clear a public road and there is a gate in place with keys being out there; this area should be no problem.
Question and Answer Period
None.
Correspondence Requiring Action and/or Reading
1. Motion made by Mr. Vieira to send a proclamation to the United Nations Association of Greater Boston to acknowledge the United Nations 66th Anniversary. Second by Mr. Dutra. The Board voted 4 in favor, 1-opposed (Spirlet).
2. Motion made by Mr. Ouellette to accept the resignation of Kimberley Fernandes from the Zoning Board of Appeals and to send a letter of thanks. Second by Mr. Vieira. The Board voted unanimously in favor.
3. It was requested that the “Land Use Permitting Guide” be placed on the website once it is completed by the Planning Board.
4. Motion made by Mr. Vieira to support the Statewide Public Safety Mutual Aid Law and to forward the information to the Police, Fire and Highway Departments. Second by Mr. Dutra. The Board voted unanimously in favor.
5. No action was taken. The Leadership Southcoast information is to be placed on the cable scroll.
6. A letter requesting a refund of filing fee to the ZBA is being forwarded to the Town Administrator and Zoning Board of Appeals for a recommendation.
7. The request for a Diman representative for the negotiations team was forwarded to the Finance Committee for one of its members to be recommended to the Board of Selectmen for appointment. Also, it was asked that Mr. Jennings be contacted for any input regarding Diman.
Town Administrator’s Report
None.
Consider / Reconsider
1. Motion made by Mr. Dutra to appoint John Colletti-BOH Representative to the Adhoc Committee on Westport Town Government Structure. Second by Mr. Vieira. The Board voted unanimously in favor.
2. Mr. Vieira stated he was concerned over this request and the figures presented. Mr. Dutra stated the new Town Administrator should look over this, the information is pretty straight forward but what is the $8,000.00 cost. Mr. Coyne stated he asked about this before but received no answer. Motion made by Mr. Vieira to send this matter to the Town Administrator for review. Second by Mr. Ouellette. The Board voted unanimously in favor.
3. Motion made by Mr. Ouellette to approve a one-day Liquor License (Wine & Malt) to Buzzards Bay Brewing for September 18, 2011. Second by Mr. Dutra. The Board voted unanimously in favor.
4. Motion made by Mr. Dutra to approve a one-day Liquor License (All Alcoholic) to Holy Ghost Club for September 16, 2011. Second by Mr. Vieira. The Board voted unanimously in favor.
5. Motion made by Mr. Vieira to accept the resignations of Lucy Keefe and Jeffrey LaValley from the Conservation Commission and to send letters of thanks to both. Second by Mr. Ouellette. The Board voted unanimously in favor. Motion made by Mr. Coyne to appoint Matthew Camisa to the Conservation Commission for a two-year term. Second by Mr. Vieira. The Board voted unanimously in favor. Motion made by Mr. Vieira to appoint Richard Lambert to the Conservation Commission. Second by Mr. Coyne. The Board voted 2 in favor, 3-opposed (Ouellette, Dutra, Coyne).
Mr. Dutra stated he had no problem with appointing Mr. Camisa but the other vacancy on the commission has not been advertised for at least 30 days. Mr. Spirlet stated the commission needed at least one person to make meeting quorums. Mr. Coyne stated that Mr. Camisa is already on and he has no problem with this. Mr. Ouellette stated the commission does a quorum now because only four people are needed to make a quorum. Mr. Vieira stated he had no problem putting a person on the commission who has 19 years experience. This item will be advertised for 30 days before the position is filled.
6. Motion made by Mr. Ouellette to appoint Arthur Caesar, 810 Sanford Road as Republican Registrar of Voters. Second by Mr. Vieira. The Board voted unanimously in favor.
7. Motion made by Mr. Dutra to approve the Emergency Meeting Minutes of August 29, 2011. Second by Mr. Vieira. The Board voted unanimously in favor. Regular meeting minutes of August 22, 2011 were tabled for now.
Other Issues
1. Mr. Vieira stated it was important to talk about a pumping policy. The Fire
Department and the Town will help with a pump out of a residence but a little cooperation of the taxpayers is needed in providing their own pump out. This can’t be done on a regular basis, whether it is a business or individual, it should not be expected, it is only in an emergency this service is rendered and repeat callers should be fined especially if this is an ongoing continue habit.
2. Mr. Ouellette stated that not enough spraying for mosquitoes is taking place and asked
that the State be given a call on this matter. Mr. Dutra stated some spraying should be
provided for sensitive areas.
Motion made by Mr. Dutra to request spraying of sensitive areas. Second by Mr.
Vieira. The Board voted unanimously in favor.
3. Mr. Vieira stated there will be a meeting of the Energy Committee on Monday,
September 6, 2011 at 6:00 PM regarding a solar project that is being done in
Dartmouth and with a possibility of partnering with Westport; there will be talk about
the feasibility study and review study of.
Executive Session – 8:15 PM
Motion made by Mr. Dutra to enter into Executive Session to hear two Highway Department grievances; an appeal to the Housing Rehab Program; to discuss the Town Administrator employment agreement; to discuss pending litigation-EPA Stormwater; and approval of Executive Session Minutes of August 22, 2011. Second by Mr. Ouellette. The Board voted unanimously in favor.
Roll Call Vote: Mr. Dutra-aye. Mr. Ouellette-aye. Mr. Vieira-aye. Mr. Coyne-aye.
Mr. Spirlet-aye.
Mr. Spirlet announced the Board would return to Open Session following the Executive Session in order to vote on the Town Administrator contract agreement.
Open Session – 10:00 PM
Motion made by Mr. Dutra to accept and approve the Town Administrator Contract with John F. Healey with the amendment of language inserted for a town-issued cellphone. Second by Mr. Ouellette. The Board voted unanimously in favor.
Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 10:05 PM. Second by Mr. Dutra. The Board voted unanimously in favor.
Adjournment.
Respectfully submitted,
Diane Pelland, Confidential Clerk
to the Board of Selectmen
APPROVED:
James W. Coyne Jr., Clerk
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