Westport News

Members present:        Steven J. Ouellette, Chairman  
                                  David P. Dionne, Vice Chairman   
                                  Veronica F. Beaulieu
                                  J. Duncan Albert
                                  Robert P. Rebello, Clerk

Also present:            Charlene R. Wood, Town Administrator

Chairman Ouellette called the Board of Selectmen meeting to order at 5:02 p.m. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance.

Town Administrator Position
Brian Corey, Sr. was present for an interview for the Town Administrator position.  
Mr. Corey stated that his decision to apply was not lightly made. Mr. Corey passed the bar at 24 years of age and has always had an interest in municipal government, of which his practice has covered over the years. Mr. Corey stated that he has served on many boards and committees and has dealt with State and Local Regulators and he is ready to do something different with his life.  Mr. Corey stated that he feels this will be a new challenge.  Mr. Corey stated that he did not have administrative experience but has dealt with management personnel.  Mr. Corey said that he possesses a relaxed style, but does not look at a clock, he does what is needed to get the job done.  Mr. Corey stated that a Town Administrator should follow the ideas of the Board of Selectmen, have a thumb on the pulse of the Town and no political agenda.  A Town Administrator should keep their eyes, ears and communications open. Mr. Corey stated that he rarely uses law books in the physical sense, he simply goes online on his computer and looks up the laws.  Mr. Corey stated that he felt a Town Administrator implements policy.  Mr. Corey said that he had a wealth of legal experience in municipal dealings.  Mr. Corey stated that he was on the Fall River Housing Authority, which was its’ own corporation.  There was a large budget to oversee and when he left the Housing Authority, there was a surplus of $500,000.   Mr. Corey stated that he has looked at the Annual Town Report in regards to the Health Insurance and he believes that something could be done especially with the Fire, Police and School Departments.  Mr. Corey stated that he has no grant writing experience but he has experience with Conservation issues and Collective Bargaining.  Mr. Corey stated that he is vested in this Town, with his family and grandchildren living in Westport, he would like to improve the infrastructure of the Town.  Mr. Corey then thanked the Board for the opportunity of an interview. The Board then thanked Mr. Corey for coming in.

Discussion by the Board regarding the candidates followed.  
Mr. Ouellette stated that he was impressed with Mr. Rousseau, receiving no negative comments only calls of support.  
Mr. Dionne felt that Mr. Rousseau had the most points according to the point system.  
Mr. Albert stated that Mr. Rousseau was one of the stronger candidates.  
Mr. Rebello stated that he also felt that Mr. Rousseau was a strong candidate.  
Ms. Beaulieu stated that Mr. Rousseau was a strong candidate despite that the fact that he had no experience.  Ms. Beaulieu stated that she would like to speak with him again and felt that negotiating should be conducted.
Mr. Ouellette asked that if everyone felt comfortable, they should go into Executive Session to discuss this matter.

5:45 P.M. Executive Session
Motion made by Ms. Beaulieu to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss contract negotiations.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.

Roll Call Vote:  Mr. Rebello-aye.  Ms. Beaulieu-aye.  Mr. Dionne-aye.  Mr. Albert-aye.  Mr. Ouellette-aye.

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

6:00 P.M. Open Session
 
Biofuel – RE: Discussion and Review of quotes
Nathan Burns and Lucy Keefe of the Alternative Energy Committee were present.  Also present to speak on biofuels was Frank McDonahue  
Mr. Dionne stated that the Alternative Energy Committee has done a lot of projects in Town and were here tonight to speak on biofuels.  
Mr. Burns stated that biodiesel fuel is made from vegetable oil and is the only alternative fuel that is completely certified and requires no adjustments having to be done to a system to be used.  
Mr. McDonahue stated that he was a special education teacher for 27 years, is retired and has invested in eco-fuels by promoting and selling biofuels to encourage the use of it.  Mr. McDonahue stated that it is an ideal alternative fuel.  It is made from commonly grown crops in the United States, with the most common being soy.  This could be a new avenue for agriculture; farms in Westport could benefit by growing, selling and using the biofuel.
Biofuel is the safest to use, transport and it is biodegradeable, no different than vegetable oil and it is not considered flammable. There is no odor, no smoke and no emissions.  
Mr. Dionne stated that there are two kinds of biofuel; one comes from restaurants, which needs modification and soy, which needs no modifications and can be used with diesel.  B100 is non-toxic, which means if there is a spill, Clean Harbors is not required for a cleanup.  Mr. Dionne stated that biofuels cost more than fossil fuels.  Mr. Dionne stated that he would like to make a proposal for a Pilot Program for biofuels to be introduced into the systems beginning with the Town Hall and then if all goes well, on to the Highway Department and then may be the School Department.
Ms. Beaulieu asked if anyone at this meeting used biofuels in their homes or vehicles.  
Mr. Burns and Mr. Dionne stated that they have natural gas at their homes.  Mr. Burns stated that he does run his car on biofuels, it is more expensive but on older cars such as his, the engine runs smoother.  Mr. McDonahue stated that he has natural gas at home but he also runs his vehicle on biofuel.  There are tax rebates and grants that can be applied for.  The product can be grown locally and there is one economic advantage and that is biofuels can be used in your present vehicles.
Ms. Beaulieu asked if there were any agricultural benefits.
Mr. McDonahue stated that he has spoken with local farmers regarding tax rebates, incentives and grants, but most commonly available are for School Departments.
Ms. Beaulieu stated that using biofuels in the Town Hall would not be cost-savings but perhaps the School Department should be approached.  Ms. Beaulieu then said that Lisa Arnold, Finance Committee had come before the Board and made a presentation on energy savings and budgetary constraints.
Mr. Albert asked where the Town would get the money from to purchase biofuels.
Mr. Carlton Lees asked on what basis the Board was pursuing this matter because State law says that the Town must pay the lowest price for fuel.  The State bid law says you must take the lowest bid, alternative fuels should be looked at but State law needs to be looked at also.
Ms. Wood stated that the Town went out to bid on our own, not with the Commissioner and the Town did look at both.
Mr. Albert stated that the Town has a signed contract for fuel under the Procurement Laws.
Ms. Wood stated that the Town did not have a contract with the Burke Company because it is under $5,000.00.
Mr. McDonahue stated that the use of biofuels is worth exploring, statistics of the savings and longevity are available and the introduction of a Pilot Program in Westport is worth looking into.
Ms. Betty Slade stated that a group in the Town would be willing to put up the difference in cost from fossil fuel to biofuel for the pilot project.
Mr. Dionne suggested picking an option such as 20% blend from Mass Biofuel or B5 from Dennis Burke or the super low sulfur diesel, 10 percent biofuel.  Mr. Dionne also stated that he has asked Mr. Burke to take us off of automatic deliveries until we resolved this issue.
Ms. Beaulieu stated that she has a problem with the generosity offered tonight due to the legalities involved.  Ms. Beaulieu stated that this matter must go to Town Meeting to appropriate the money and the acceptance of money from an outside group to pay for fuel to be delivered to the Town could prove a problem.
Mr. Albert agreed that it is difficult when a third party donates money for a specific purpose.
Ms. Wood stated that the money could be put into a separate fuel account from the Westport Citizen’s Betterment Fund.
Mr. Albert stated that there would have to be a guarantee of funds in writing from that particular group in Town who is willing to donate the difference.
Ms. Wood stated that the tanks were filled once last year due to the fact that natural gas is used to heat with and oil is only a backup.
Motion made by Mr. Dionne based on suggestions and utilizing the Westport Betterment Fund and to instruct the staff to go out for a bid for B20 blend or next fuel delivery.  Second by Mr. Albert.  The Board voted 3 in favor; 2-opposed (Beaulieu, Rebello).

Mr. Rebello noted that he voted “no” due to the fact that he came to this meeting with limited information, an anonymous group donating money and he could not make an educated decision with nothing to base his decision on.

Vonnie Reis – RE: Smart Growth Grant Update on  Decentralized Water and Wastewater Study
Ms. Vonnie Reis from Weston & Sampson Engineers, Inc. was present to give an update. Ms. Reis stated that the goals were to develop Central Village and make it pedestrian friendly; encourage mixed-use growth and to promote economic development.  One task was to look at obstacles that prevent growth such as drinking water and wastewater. The Zoning Bylaws need to be looked at for lot size because smaller lots will present the problems of water and septic. Items addressed were the development rate with no changes and a development rate with changes in zoning.  Option #1 would be commercial at 60,000 sq.ft. and Option #2 would be residential at 12,000 sq.ft.  The area looked at contained 80 parcels, most of which were developed.  The issue is the ability to provide wastewater systems and drinking water.  It was noted that any increase in density could not be handled.  The suggestion is to keep the septic systems and create a decentralized wastewater treatment plant.  The Town would need to own and operate wells or setup a water district.  Ms. Reis noted that this was a conceptual study.  Ms. Reis stated that there are several areas owned by the Town that are being looked at and these areas can be used for recreation or parking lots because it will be a subsurface area.  At this time, there is an application with the State to look at further funding.  The State is pleased with what is being done so far and is showing signs of supporting further funding.
Ms. Elaine Ostroff stated that this is a preliminary portion of a very large report, which will have Power Point presentations and brought forward in January.
Mr. David Cole stated that he hoped that this information could help explain what the cost will be and will give way for information in order to have changes made to zoning.  Also, the information will help in determining future land use.

Conservation Commission – RE: Counter & Re-Inspection Fee
Ms. Beaulieu stated that she would like to make a comment in regards to an email circulating around Town.  In the email, it refers to the Conservation Commission being called in again by the Board of Selectmen, when in all fairness, it was the Conservation Commission that requested the invitation.  I believe that on October12, 2006, the Conservation Commission was invited but could not make it.  Again on September 11, 2006, as noted in the minutes, Mr. Dionne stated that when he requested further information from the Conservation Commission he was chastised and he felt that the Board of Selectmen are the appointing authority of the Conservation Commission.  Ms. Beaulieu said that statements of micro-managing are incorrect.
Mr. Rebello then read a statement aloud (see attached and highlighted in green).
Mr. Ouellette then stated that he has no problem with addressing issues but not issues that are not on the agenda.  
Mr. Rebello then made the following motion:
Motion made by Mr. Rebello that the Conservation Commission be brought into a meeting with the Board of Selectmen to discuss numerous issues, issues that should not be swept under the carpet and not be addressed until years later; including several issues regarding personnel.  Second by Ms. Beaulieu.  The Board Voted Unanimously in Favor.

Ms. Susan Pedreira questioned whether the proper steps were being taken regarding this issue.
Mr. Ouellette asked that Mr. Rebello get copies of the letters to be discussed and forward them to the Conservation Commission so they are aware of the issues.
Mr. Dionne stated that when he receives calls of complaint, he addresses them with the Chairman of the Conservation Commission and advises the Chairman of the Board of Selectmen of his actions.
Mr. Albert stated that there is such a negative out there right now, to an extent that we have never seen toward a Conservation Commission and that we have not seen in this Town in a very long time. That negative is causing more and more violations that we have not even begun to scratch the surface of.  It is a tough board to be on and you have to say no to some people and yes to other people, but there are ways to say no and ways to say yes. It is just a matter of, we get all these complaints, and I am not responding to all of them, because just by reading them you know what direction they are heading but there is a crucial problem and it needs to be addressed.  By addressing these problems, we are helping the Commission and the Town.

Service Counter Request
Motion made by Mr. Dionne to reconsider a prior motion regarding a request for a Service Counter at the Conservation Commission. Second by Mr. Albert.  The Board Voted Unanimously in Favor.
Mr. Albert stated that the counter would not be to better serve the public.  There is an underlying problem.  Why would you block the one and only fire entrance to that office when the other door is usually locked.
Mr. Reynolds stated that the Board of Assessors Office has a counter where he can go in and conduct business.  This counter would be convenient in the Conservation Office.
Mr. Dionne said that the Board of Health has a counter also.  The Building Inspector could check to see if there would be any code violations with the installation of the counter in the Conservation Office.
Ms. Ryden said that this request was her idea to help organize and allow for more space for displays, permit applications, etc.  I didn’t think this would create a firestorm.
Ms. Beaulieu stated that town departments are for public service not self-service.  People should be able to come into an office and ask a question.  Conservation is a small office and I think a counter would use up more space.
At this time, Ms. Ryden made a personal statement (see attached).  Also, Ms. Ryden submitted a list of legal aspects of the Conservation Commission (see attached).
Discussion then followed regarding a change in hours.  
Mr. Dionne stated that every other office has a counter and he felt that maybe the Building Inspector or Fire Chief could be asked to look into this matter for any violations.
Motion made by Mr. Dionne to allow for a counter and for it to be either built or installed in the Conservation Office with the Fire Department and Building Department giving guidance as to the needs of the office.  No Second was received.  

Inspection Fee
Mr. Albert stated that the State sets up the fees.  Mr. Albert said that he could not see setting up a fee, when we failed to set the homeowner up the first time.
Mr. Ouellette stated that he disagreed, the Town was not here to babysit.
Mr. Dionne stated that he is in favor of setting up a second inspection fee.
Motion made by Mr. Dionne to get an opinion from Town Counsel regarding a re-inspection fee and if necessary, to set up a public hearing for re-inspection fees.  Second by Ms. Beaulieu.  The Board Voted Unanimously in Favor.

Dredging Committee – RE: Memorandum of Understanding – Mass Audubon
Dredging Committee members attending were:  Richard Earle, David Cole, Veronica F. Beaulieu, Warren Messier, Jack Reynolds, Ron Knapp and Carl Tripp.  
Mr. Ouellette read aloud a letter received from the River Dredging Committee regarding a Memorandum of Understanding between the Town & Mass Fish & Wildlife & MA Audubon for the Main Channel US Army Corp. Dredging Project.
Mr. Earle stated that the Memorandum of Understanding is needed because it is the Town’s responsibility to protect the piping plover and other federally or state protected birds and the Town has not dredged in over 50 years.
Mr. Messier said that the Federal Government has taken the bulk of the cost, while the Corps of Engineers is taking on the bulk of the cost of dredging.  The main channel has been a problem for years.  Representative Rodrigues and Representative Frank have been very helpful during this project and also, a thank you needs to go to Charlene Wood, Veronica Beaulieu, Anne Phelps and the Conservation Commission for their help.  The monitoring needs to continue and the cost is generally $13,000.00 to $18,000.00 but with negotiations it is down to $7,000.00 ($5,000 from Conservation and $2,000 from Dredging Fees).  The monitoring must be done for 5 years (this year coming plus the next 4 years) and unless there is a Memorandum of Understanding, we won’t move this project forward.
Mr. David Cole stated that the State Fisheries & Wildlife’s letter of August 21st is very important.  There maybe an increase of breeding of these species (plovers & lest terns) due to an enhanced area.  There is a prepared draft of the Memorandum of Understanding, please look it over and consider it.  The money is set for this year and in the future we will look for other sources, such as grants.
Mr. Albert noted that in looking through the Memorandum of Understanding, the Town does not own Horseneck Beach, the State does.  Mr. Albert asked if the MOU should be more specific in regards to the land area.
Mr. Earle stated that the MOU would be site specific.
Motion made by Ms. Beaulieu that the Town of Westport enters into the Memorandum of Understanding to implement a management plan for Piping Plovers and other Federal or State-listed species of birds and beetles for those portions of beach area to be renourished under the Westport Navigation Project.  Second by Mr. Dionne.  The Board Voted Unanimously in Favor.

Motion made by Mr. Dionne that letters are sent to Senators Kennedy and Kerry to show support and mention that the final approval by the Corps of Engineers will be in early June.  Second by Ms. Beaulieu.  The Board Voted Unanimously in Favor.

Verizon New England, Inc. & Commonwealth Electric Co. – RE: Public Hearing on Petition for Joint or Identical Pole Locations on Sodom Road
The public hearing was opened at 8:00 p.m. Chairman Ouellette read aloud the public hearing notice and abutters list. Attending was William Hannon.  No abutters were present.
Motion made by Mr. Dionne to approve the Petition for a Joint or Identical Pole Location for one pole on Sodom Road (at/near Ridgeline Drive) per Verizon Plan No. 06-034 dated 10/30/06.  Second by Ms. Beaulieu.  The Board Voted Unanimously in Favor.
The hearing is closed at 8:07 p.m.

Question & Answer Period
None.

CONSIDER:
1)  Approval of 2007 ABCC Liquor License Renewal Applications
Motion made by Mr. Rebello to approve the Annual Liquor Licenses, holding on Whites’ Restaurant and Oriental Pearl.  Second by Mr. Dionne.  The Board Voted Unanimously in Favor.

2) Approval of Minutes – On Site Inspections – November 18, 2006
Motion made by Mr. Rebello to approve with amendments the minutes of November 18, 2006 for on-site inspections.  Second by Mr. Dionne.  The Board Voted Unanimously in Favor.

3) Approval of Special Meeting Minutes – June 27, 2006
Motion to approve was withdrawn pending review of the audiotape.

Correspondence Requiring Action and/or Reading
2)   The Board would like to invite those involved in the ELJ, Inc. / Charlotte White Road
cemetery matter in to thank them for their efforts.  This matter will be addressed   
sometime in February.
3) Motion made by Mr. Dionne for the Board of Selectmen to conduct an on-site with the Beach Committee (and if the Conservation Commission want to attend they are welcome) and followed by a meeting with both them; also, a letter is to be sent to the East Beach Trailer Association to make them aware of what is happening.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.
4) A copy of the letter from the Beach Committee regarding Beach Passes was forwarded to the Town Clerk and a copy of the Open Fire Policy was requested.
5) Motion made by Mr. Albert to approve $5,000.00 from the Wetland Protection Fund to help fund the required habitat monitoring of endangered species in the area of the Town Beach for the spring of 2007. Second by Mr. Dionne. The Board Voted Unanimously in Favor.
6) Motion made by Mr. Dionne to approve the closing of the Back Eddy Restaurant for annual renovations from January 2, 2007 to March 22, 2007, with a reopening on March 23, 2007.  Second by Mr. Rebello. The Board Voted Unanimously in Favor.
8) Motion made by Ms. Beaulieu to approve a request from Donna Rebello for a change
of name on a Class II License for 177 Auto & Truck Sales to Norwest Auto Sales, Inc., 937 State Road. Second by Mr. Rebello.  The Board Voted Unanimously in Favor.    
Mr. Rebello noted for the record that he was not related to Ms. Donna Rebello.

Town Administrator’s Report
2D)  Motion made by Mr. Rebello to approve the closing of the Town Hall and Annex on  
December 21, 2006 from noon to 1:00 p.m. for the employees Christmas luncheon.  Second    
by Ms. Beaulieu.  The Board Voted Unanimously in Favor.
2E)  Motion made by Ms. Beaulieu to request that all departments submit a level funded
budget and a realistic budget.  Second by Mr. Dionne.  The Board Voted
Unanimously in Favor.

Other Issues
1) Mr. Rebello stated that he has received complaints regarding State Road Auto Sales.  Cars are being driven in the wrong direction on Route 6.
Motion made by Mr.Dionne to have Safety Officer Sgt. Majewski look into the matter and submit recommendations to the Board of Selectmen.  Second by Mr. Albert.  The Board Voted Unanimously in Favor.
2) Mr. Dionne suggested another informal meeting with the Town of Dartmouth regarding water supply with two members of the Board of Selectmen being present. Ms. Beaulieu agreed with Mr. Dionne as long as it stayed within the original scope of the request.

10:02 P.M. Executive Session
Motion made by Mr. Rebello to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39 Section 23B to discuss contract negotiations, the Town Administrator position, issues at the Library and approval of Executive Session minutes of 11-09-06.  Second by Ms. Beaulieu.  The Board Voted Unanimously in Favor.

Roll Call Vote:  Mr. Rebello-aye.  Ms. Beaulieu-aye.  Mr. Albert-aye. Mr. Dionne-aye.  Mr. Ouellette.

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

10:26 P.M. Open Session
Motion made by Ms. Beaulieu to follow the State Law and approve and sign the “Side Letter Agreement between the Town of Westport and the Union – Local 254 pertaining to the Library.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.

Motion made by Ms. Beaulieu to adjourn the Board of Selectmen at 10:30 P.M.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.

Adjournment.

Respectfully submitted,
Diane Pelland, Confidential Clerk

APPROVED:                        
Robert P. Rebello, Clerk