Westport News

Members Present:        J. Duncan Albert, Chairman
                                  Steven J. Ouellette, Vice Chairman
                                  Robert P. Rebello
                                  Brian T. Valcourt
                                  Gary E. Mauk, Clerk

Also Present:            Michael Coughlin, Town Administrator
                                
Chairman Albert 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.

Moment of Silence
Mr. Albert called for a Moment of Silence for Sharon L. Wypych.  Ms. Wypych was a former employee of the Council on Aging and Recording Secretary for the Town Beach Committee.

At this time, Mr. Albert stated he received an email from Mr. Ouellette, which is a violation of the Open Meeting Law.  Mr. Mauk respectfully requested that no emails be sent among the Board members; any emails should be sent to the Town Administrator in the Selectmen’s Office.  Mr. Ouellette stated that he did send the email due to the fact that he was an abutter to a petition being heard this evening.  Mr. Ouellette stated the email was not sent to influence the Board members but to ask that the Board members take a look at the property being presented in the petition.

National Grid RE: Public hearing for permission to install conduit on Brussel Street and Tobin Street for a new service.
The public hearing was opened by Mr. Albert reading aloud the Public Hearing Notice and the abutter’s lists at 6:15 p.m.  No abutters were present.  A representative from National Grid stated there will be underground service to Lot C on Brussel Street and to Lots A & B on Tobin Street.  The representative stated the Planning Board wished for underground service rather than overhead. The cost will be to the customer.
Motion made by Mr. Mauk to approve the request by National Grid for conduit installation on Brussel and Tobin Streets.  Second by Mr. Rebello.  The Board voted unanimously in favor.  The hearing is closed at 6:26 p.m.

Juan Caraballo d/b/a Caraballo Auto Storage RE: Application Request for a vehicle limit increase of a storage license located at 851-D State Road.
Motion made by Mr. Valcourt to continue this hearing to May 19, 2008 at 6:15 p.m. due to the applicant not being present.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
*6:45 p.m.  Mr. Caraballo appeared but was informed that his hearing was rescheduled to May 19th at 6:15 p.m. because he was not present at the scheduled time. The hearing could not take place due to the fact that abutter’s were present for his application request but have since left because the hearing was rescheduled and those abutters were advised of the date of the continuance; it would not be fair to open the hearing to those who tried to attend.

Greg Neary – UPBended, Inc. d/b/a Lou’s Custom Exhaust RE: Application request for a Repair License to be located at 727 State Road.
The public hearing was opened at 6:45 p.m. with Mr. Albert reading aloud the Public Hearing Notice and abutter’s list.  Mr. Neary was present.  Mr. Neary stated this was a traditional muffler shop for fabrication only, no motorwork or working with fluids; maybe a brake change once in a while.  The hours of operation would be Monday through Saturday from 8:00 a.m. to 6:00 p.m.  It would be very rare to store vehicles overnight, in which case, they would be stored inside.  Mr. Neary was requesting 12 vehicles total; utilizing parking spaces #4 through 17 plus two parking spaces inside the building.  Parking spaces #18, 19, 20 & 21 were being eliminated for use.  Mr. Raposo, owner of the property was present and presented a plot plan showing the driveway to be 22 ft. wide. Mr. Ouellette, as an abutter, voiced concern over no fencing and the fire lane accessibility.
Motion made by Mr. Mauk to approve the request for a Repair License to Greg Neary, UPBended, Inc. d/b/a Lou’s Custom Exhaust, 727 State Road with the conditions mentioned.  Second by Mr. Rebello.  The Board voted 4 in favor, 1-abstention (Ouellette).  The hearing is closed at 7:10 p.m.

Steve Fors, Town Moderator
Mr. Fors was present to discuss Town Meeting procedures including requests for taking articles out of order due to committees paying for consultants.

Jennifer Holske – Trustees of Reservations RE: Conservation Restriction for Giblin Property, Main Road (known as Dunham’s Brook Conservation Project).
Ms. Holske was present to explain this step of the Conservation Restriction.
Motion made by Mr. Mauk to approve the Conservation Restriction for the Giblin Property known as Dunham’s Brook Conservation Project.  Second by Mr. Valcourt.  The Board voted unanimously in favor.

Fire Chief Brian R. Legendre RE: Town Certification of “Heart Safe Community” Presentation.
Fire Chief Legendre and Fred Fowler of the Office of Emergency Medical Services-Department of Public Health were present.  Mr. Fowler presented the Town of Westport with a Certificate recognizing the Town as a “Heart Safe Community”.  Mr. Fowler recognized the Town for it’s local efforts for saving lives by taking a lot of active steps towards this achievement.  Chief Legendre also thanked his staff and all involved in making the effort and obtaining this certification.


Deputy Chief John R. Gifford RE: Appointment of Police Sergeant.
Deputy Chief Gifford was present.
Motion made by Mr. Valcourt to appoint Officer Christopher A. Dunn as Police Sergeant for the Westport Police Department.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

9:00 P.M.
Mr. Harold Sisson, Highway Supervisor, appeared at the meeting and asked the Board of Selectmen for the opportunity to defend his employee.  Discussion ensued regarding the proper procedure and the procedure that was followed. The following vote was taken after the discussion.
Motion made by Mr. Ouellette to hire (current employee) as a temporary worker until June 30, 2008 and subject to Town Meeting approval.  Second by Mr. Valcourt.  The Board voted 4 in favor, 1-opposed (Mauk).

Question and Answer Period
None.

Correspondence Requiring Action and/or Reading
1.       Motion made by Mr. Rebello to accept the resignation of Greg Robb as Assistant     
          Harbormaster and to send a letter of thanks.  Second by Mr. Ouellette.
         The Board voted unanimously in favor.
2-10. Motion made by Mr. Mauk to dispense with the reading of the letters from #2 and
         #10 of the correspondence requesting appointment as a Junior and Assistant
          Harbormaster and to forward a copy of the letter to Harbormaster Richard Earle for review
          and recommendation. Second by Mr. Ouellette.  The Board voted unanimously in favor.
3.       Motion made by Mr. Valcourt to appoint Mr. Ouellette as SRPEDD     
            Representative and to hold on the three other requested appointments.  Second by
            Mr. Rebello.  The Board voted unanimously in favor.  An inquiry will be sent to
            the Planning Board for their representative.
4.       Mr. Ouellette may attend the SRPEDD 52nd Annual Meeting.
5-6-7. Motion made by Mr. Ouellette to approve two parking permits for the Westport River
          Watershed Alliance to conduct horseshoe crab surveys and two parking permits for Mass
          Audubon to monitor nesting of terns, piping plovers and ospreys along the Westport River.
          To be noted on the permit will be the restriction of off peak hours and limited amount of
          parking time.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
8.      A copy of the Coastal and Estuarine Land Conservation Program Request for  
            Responses will be forwarded to the CPC for their information.  No action was  
            taken.
9.      Mr. Mauk read aloud an invitation to the re-dedication of the Fontaine Bridge.  A    
            copy will be forwarded to Mr. Costa, Veteran’s Agent.
11.       No action was taken.  A response will be forwarded to Mr. Woodward regarding  
            Charter Communications.

Town Administrator’s Report
1A.  Motion made by Mr. Mauk to approve the 3rd year of the lease agreement (July 1,
       2008 to June 30, 2009) with Codimonk Nursery for the Town Hall Annex Basement in the
       amount of  $5,400.00.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
1B.  Motion made by Mr. Mauk to approve the 3rd year of the lease agreement (July 1,
       2008 to June 30, 2009) with Patricia A. Souza for the North Apartment in the Town Farm in the
       amount of $9,600.00.  Second by Mr. Rebello.  The Board voted unanimously in favor.
      *Noted: The tenant will be contacted to make arrangements for the Fire   
       Department to inspect the apartment for insurance purposes.
1C.  Motion made by Mr. Mauk to approve the lease agreement with Milky Way Farm,
        Inc. for the Russell Davis Farm Land in the amount of $200.00.  Second by Mr.
        Rebello.  The Board voted unanimously in favor.
1D.  Motion made by Mr. Ouellette to approve the contract for “Contaminated Quahogs”
        with F/V BLACKJACK c/o Kenneth Souza and Linda Berube, 199 State Road, New
        Bedford, MA.  Second by Mr. Rebello.  The Board voted unanimously in favor.
2.   Motion made by Mr. Mauk to implement the “Workplace Violence Policy”and to   
        invest in having signage made and posted for dealing with this matter.  Second by   
        Mr. Rebello.  The Board voted unanimously in favor.
        *The Town Administrator will review this policy with all employees, so they are aware of this
         policy and the consequences.  Also, an amendment to the policy: knives with blades over 3”
         will be considered a weapon.
3.    Discussion ensued regarding the Highway Department position and appointing authority. 
       Motion made by Mr. Mauk to support the Town Administrator in this matter and not accept the
       potential liability to the Town by following the letter received from the Town Attorney dated
       April 24, 2008.  Second by Mr. Rebello.  The Board voted 2 in favor, 2-opposed (Ouellette,
       Valcourt), 1-abstention (Albert).
        Motion made by Mr. Rebello to follow the Town Attorney’s recommendation and bring in Mr.
        Sisson for a possible solution.  No second was received.
        Motion made by Mr. Rebello to allow the Town Administrator to follow the recommendation of
        the Town Attorney in this matter and allow the Town Administrator to speak with the
        individuals involved.  Second by Mr. Mauk.  The Board voted 3 in favor, 2-opposed (Ouellette,
         Valcourt).
4.     Mr. Coughlin presented a letter from the School Department requesting guidance from the Board of Selectmen after reviewing the Town Attorney’s opinion regarding School Department Capital Appropriation for a smoke/heat detection system.

Consider / Reconsider
1. Motion made by Mr. Rebello to appoint Mr. Ouellette as the BOS Representative to the Bristol County Advisory Board.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
2. Mr. Albert requested the Board members to review the policy on appointments to committees, boards and commissions and that a memo be sent out to all boards for letters of interest for re-appointment.
3. Discussion ensued regarding the contract for the Wind Turbine.
Motion made by Mr. Rebello to table the Wind Turbine Contract until the Board of Selectmen’s meeting of May 19, 2008.  At which time, it will be considered.
The Board voted 2 in favor, 2-opposed (Ouellette, Valcourt), 1-abstention (Albert).
Motion made by Mr. Valcourt to consider the Wind Turbine Contract on Wednesday, May 7, 2008 prior to Town Meeting.  Second by Mr. Ouellette.  The Board voted 3 in favor, 2-opposed (Mauk, Rebello).
4. Mr. Albert asked the Board members to review the fee schedule for the Selectmen’s Office in preparation of the Fees Increase Hearing.  Noting that the only increase could be the one-day liquor permits from $25.00 to $35.00.
Motion made by Mr. Ouellette to increase the One-Day Liquor Permits from $25.00 to $35.00.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Other Issues
1. Mr. Rebello discussed Article 22 of the Annual Town Meeting Warrant.
Motion made by Mr. Rebello to support Article 22 and the funding.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Executive Session – 10:55 p.m.
Motion made by Mr. Valcourt to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss pending litigation.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Roll Call Vote:  Mr. Valcourt-aye.  Mr. Rebello-aye.  Mr. Ouellette-aye.  Mr. Mauk-aye.  Mr. Albert-aye.

Mr. Albert announced that the Board would resume to Open Session in order to adjourn.

Open Session – 11:20 p.m.
Motion made by Mr. Ouellette to adjourn the Board of Selectmen’s meeting at 11:20 p.m.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Adjournment.

Respectfully submitted,



Diane Pelland, Confidential Clerk
to the Board of Selectmen


APPROVED:                        
                                      Gary E. Mauk, Clerk