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.

LSM Enterprises, LLC d/b/a Overtime Sports Pub RE: Public Hearing on an application request of LSM Enterprises, LLC d/b/a Overtime Sports Pub for an Annual All-Alcohol Restaurant Liquor License to be located at 549 American Legion Highway, Westport, MA – Lorianne Nunes, Manager
The public hearing was opened at 6:01 P.M. with Mr. Mauk reading the hearing notice and abutters list aloud.  Ms. Lori Camara, Ms. Lorianne Nunes and Attorney Arthur Frank were present.  Scott Carmichael, an abutter was present.  Attorney Frank stated that his client would like to open a sports pub where patrons could enjoy watching sports on several large screen TV’s.  Due to the economy, Attorney Frank stated his client would only be serving pizza, hotdogs and finger foods at this time.  As for the seating capacity, the establishment holds approximately 40 people.  The manager will be Ms. Lorianne Nunes and various family members would be working onsite.  Ms. Nunes is qualified and TIP Certified.  The owner of the establishment is LSM Enterprises, LLC of which Lori Camara and Mr. & Mrs. Carmichael are the controlling members.  As for the day to day operations, Ms. Lorianne Nunes will be the overseer.  Mr. Mauk read a letter received from abutter Ms. Jeanette Magnuski.  Attorney Frank stated one thing the new owners don’t want is trouble as Ms. Magnuski states in her letter, rather they are making quite an investment to start this establishment and given the opportunity, with the proper people in place, this will be a good business.  Mr. Albert noted that the license does not allow for liquor to be served outside on the deck.  Ms. Camara stated the business is located in the same space that was occupied by Lickety Splits.  Mr. Carmichael stated there will be no food preparation but the Mediterranean Café & Pizzaria next door would be catering.  Ms. Camara stated she has an agreement in place with the Mediterranean Café & Pizzaria but will be providing Coney Island hotdogs in the pub.  Mr. Mauk questioned if there were any issues with the Board of Health. Attorney Frank stated no.  Attorney Frank asked that the hours of operation be from 12 noon to 1:00 am, 7 days a week.  Mr. Valcourt stated he had reservations about the hours of operation on Sunday as Mr. Mauk did.  Mr. Valcourt wanted the applicants to understand the sensitivity of the neighborhood.  Attorney Frank stated his client could amend the hours of operation.
Motion made by Mr. Valcourt to approve the request for an Annual All Alcohol Restaurant Liquor License to LSM Enterprise, LLC d/b/a Overtime Sports Pub – Lorianne Nunes, Manager with the caveat that all employees become Safe Tip Certified; approval is received from the Board of Health and Building Inspector. The hours of operation will be Monday thru Thursday 12 noon to 12:00 A.M.- Friday and Saturday 12 noon to 1:00 A.M. – Sunday 12 noon to 11:00 P.M.; on Friday and Saturday a “Door Person” will be available from 7:00 P.M. to 1:00 P.M.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-opposed (Mauk)   The hearing was closed at 6:20 PM

Paul Joncas RE: Letter of Interest for appointment to the Conservation Commission
Mr. Paul Joncas was present.  Mr. Joncas stated the reason he reapplied to the Conservation Commission was his interest in protecting the environment.  Mr. Joncas stated he had no experience other than having to go before the Conservation Commission himself.  Mr. Joncas stated he has always been involved in public service and he has no outstanding issues with the Conservation Commission.  As far as the Wetlands Protection Act, his only experience is what applied to his personal situation.
The Board thanked Mr. Joncas for his interest and for coming in to speak with the Board.

Bradford Dean RE: Letter of Interest for appointment to the Conservation Commission
Mr. Bradford Dean was present.  Mr. Dean stated he applied because he is interested in the environment.  Mr. Dean grew up in Somerset and has been involved in the golf industry for a long time; he now works on conservation restrictions, etc.  Currently, Mr. Dean has a development in the Town of Westport and he has gone before the Conservation Commission regarding the proposed 30 Form-A lots; at this time, in addition to his own lot, one lot has been approved.  Mr. Valcourt stated there would be a conflict of interest with Mr. Dean sitting on the Board, especially with lots coming before him.  Mr. Valcourt asked if Mr. Dean had any educational background or attended classes relating to Conservation.  Mr. Dean said as far a conflict of interest, he would simply step off the Commission.  Mr. Valcourt asked if Mr. Dean knew the directives of the Commission.  Mr. Dean responded no.  
The Board thanked Mr. Dean for his interest and for coming in to speak with the Board.

Ed Rooney RE: Letter of Interest for appointment to the Conservation Commission
Mr. Ed Rooney was present.  Mr. Rooney stated he applied to the Conservation Commission due to his concern for the environment and conservation.  Mr. Rooney said he has taken courses in wetland delineation and has designed and completed two wetland projects.  Mr. Rooney has read through the directives and will take another wetlands delineation course as a refresher.  At presently, Mr. Rooney works for a company that designs wastewater systems.  As far as any conflicts, Mr. Rooney stated he would recuse himself from the Commission.  Mr. Rooney has no college degree but has taken courses in Environmental Management prior to serving on the Conservation Commission.  
The Board thanked Mr. Rooney for his interest and for coming in to speak with the Board.
Motion made by Mr. Valcourt to appoint Mr. Rooney to the Conservation Commission due to having more experience and his background with wetlands.  Second by Mr. Ouellette.  The Board voted 2 in favor, 2-opposed (Rebello, Mauk) and 1-abtention (Albert).
Mr. Albert stated he abstained due to an outstanding lawsuit to which he is a party.
Motion made by Mr. Rebello to appoint Paul Joncas to the Conservation Commission.  Second by Mr. Mauk.  The Board voted 3 in favor, 2-opposed (Ouellette, Valcourt).
Mr. Valcourt noted the Town has an inexperienced Board at this time and for that reason he would have liked to see Mr. Rooney appointed.

Alternative Energy Committee RE: Presentation of ideas for the second stimulus package
Mr. David Dionne, Ms. Lucy Keefe, Mr. Robert Lamoureaux and Ms. Kathleen Cummings were present.  A discussion ensued regarding an assessment of the various town buildings including the schools.  Mr. Albert suggested the Committee or its designee go to the School Department with the proposals.  Mr. Mauk noted there were eleven potential projects on the list presented but not all of them will fly; Mr. Mauk suggested that perhaps three projects (with a rating of 10) such as the Macomber, Middle and High School be focused on.  Mr. Coughlin stated the first step would be to apply for  energy audit funds through his office and the second step would be to place the project in the package, which is in the making with $277,000.00 from the House side slated for the school.  Mr. Coughlin stated he has solicited the Superintendent and he has submitted proposals to the Lt. Governor.  Mr. Albert noted there would be two sources of funding: government and MTC.
Motion made by Mr. Mauk to authorize the Alternative Energy Committee to take their proposed projects to the School Committee and for the Committee to work with the Town Administrator to apply for the energy audit application.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Val’s Auto Sales RE: Continued meeting for extension of Class II License at 757 State Road
Mr. Valerio DeMelo was present.  After some discussion,
Motion made by Mr. Mauk to grant a 2009 Class II License to Val’s Auto Sales, 757 State Road with an expiration date of April 30, 2009.  During which time, should the required fencing be installed, the Class II License will be issued for the remainder of 2009.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Maury May RE: Presentation of ideas for first stimulus package
Mr. Maury May was present and spoke on the progress of the funding that is coming.  Mr. May stated the Town needed shovel-ready projects and it was clear there would be more directives to come.  Mr. May stated now is the time to get Town-wide coordination on projects.  It was noted that somehow the Central Village Wastewater project and the High School smoke detector project were on the list submitted for the exact amount to the State.  Mr. David Cole stated in response to the local and national projects, a coordinated effort must be used to put together a list.  Mr. Cole felt that all projects need to go before the Board of Selectmen.  Mr. Cole suggested applying for an energy audit.  Mr. Jim Whitin stated that the last time he spoke with the School Superintendent regarding a septic system for the High School, Ms. Galton was willing to bring this item to the School Committee but was reluctant to do a lot of testing only to discover problems that they can’t fix.  Mr. Whitin stated he is willing to do a lot of the foot and legwork to put an RFP together with the Water & Sewer Committee while working with the School Committee.  Mr. Whitin said he would be using a state website at no cost.

Brian T. Valcourt RE: East Beach Task Force Recommendations
Mr. Valcourt stated the East Beach Task Force has had two meetings.  At this time, the Task Force is presenting recommendations to the Board of Selectmen. The recommendations were read aloud.  Mr. Valcourt concluded by stating the Task Force feels that camping should be allowed to continue but the rules and regulations have been being encroached upon and the State can fine the Town due to this area being a barrier beach.  The DEP feels that an opinion from FEMA could require clearing the area.  There is one problem, no record of tight tank pumping is being kept for people who stay the entire season.  Mr. Mauk stated that prior to tonight, there was a meeting regarding these recommendations and the Board of Health has jurisdiction over the tight tanks and in regards to the sheds, the Building Inspector says that 120 sq.ft. shed (10’ x 12’) does not require a permit.  Mr. Valcourt stated that all the recommendations are within the law.  Mr. Valcourt presented an aerial photo of the East Beach area and where certain lots have eroded.  This matter is to be addressed at the Board of Selectmen’s meeting on March 9, 2009.
Motion made by Mr. Mauk to send a copy of the East Beach Task Force recommendations and the Board of Health Rules and Regulations to every landowner and permit holder on East Beach and to schedule a public hearing for March 9, 2009 at 6:00 P.M.  Second by Mr. Rebello.  The Board voted unanimously in favor.
 
Question and Answer Period
None.

Correspondence Requiring Action and/or Reading
1. A letter was received from Steven Fors, Town Moderator announcing the appointment of Tracy Priestner to the Finance Committee. No action was necessary.
2. Motion made by Mr. Valcourt to open the Annual Town Meeting Warrant and insert an additional article from the Planning Board regarding an amendment to the existing Inclusionary Housing By-Law.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
3. Motion made by Mr. Mauk to accept with regrets the resignation of Chuck Goldberg from the Cable Advisory Board and to send a letter of thanks.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
4. Motion made by Mr. Ouellette to have Mr. Mauk attend by invitation a tour of the Naval War College in Newport, RI.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
5. Motion made by Mr. Mauk to approve a request from Pack 100 Boy Scouts of America to hold two cleanup projects at the Bicentennial Park and the Nubble.  Second by Mr. Valcourt.  The Board voted unanimously in favor.  It was noted that Mr. Valcourt would coordinate these projects with Ms. Carol Hegarty, Cub Master.
6. Motion made by Mr. Mauk to invite both Cable Advisory Board applicants to the February 23rd Selectmen’s Meeting and the application cut off date for the Cable Advisory Board will be Friday, February 20, 2009.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
7. Motion made by Mr. Mauk to follow the Safety Officer’s recommendation and erect one sign “Trucks Entering and Exiting” located facing the northbound traffic on Sanford Road near Old Bedford Road across from telephone pole 2/1; and to send a copy of the Safety Officer’s recommendations to Bristol County Precast, Inc.; and to send a copy of the recommendation to the Highway Department.  Second by Mr. Rebello.  The Board voted unanimously in favor.
8. No action was taken on the invitation received from the Dartmouth Select Board regarding a regional summit.
 
Town Administrator’s Report
1. Meetings for the upcoming week were reviewed.
2. Wind Turbine:
Motion made by Mr. Valcourt to extend the contract with Alternate Energy, LLC for the Wind Turbine.  Second by Mr. Ouellette.  The Board voted 2 in favor, 3-opposed (Rebello, Mauk, Albert).
Mr. Rebello stated that he is not for this and has been against this since the beginning; Mr. Rebello felt this was not a worthwhile grant.
3. Budgets:  
Mr. Coughlin stated there would be challenges for FY ’09 & ’10.  There is a reduction of $147,000.00 in Local Aid; there is a possible Snow & Ice Deficit of $250,000.00 and a School Spending Deficit of $54,000.00.  Mr. Valcourt noted that Westport is the lowest tax rate in the area, ranking 13th on the list.  Mr. Valcourt stated the Town’s rate with the property values are the lowest in the entire State; but cutting things further is like getting blood from a stone.  Mr. Coughlin recommended an immediate “Hiring Freeze” across the Board for FY ’09 & ’10 and an immediate spending freeze on non-essentials.
Motion made by Mr. Mauk for a hiring freeze across the board and that no new body be added to the payroll either part time or full time; exceptions must be brought to the Board for consideration.  Second by Mr. Valcourt.  The Board voted unanimously in favor.
Motion made by Mr. Mauk for an immediate freeze on as much non-essential spending as possible and for the Town Administrator to meet with Department Heads to examine surgical methods of reducing FY ’09 Budgets in a manner which sustains services/avoids disruptions. Second by Mr. Rebello.  The Board voted unanimously in favor.
Mr. Coughlin also suggested all articles with extra money be swept; reduce operating expenses and follow the landfill audit; these ideas should start the FY ’10 budget in the clear.  As for FY ’10, $112,000.00 was cut from Lottery Aid and State Aid by $200,000.00.  Local revenue options need to be considered.  The Reserves are pretty good and where as it is raining, they need to be looked at.  Free Cash is way above the state averages.  We have the basis to close the gap but it will not be without debates and sacrifices.  All department budgets have to be level funded including the school, health and insurances.  Mr. Coughlin presented three scenarios to the Board.  Mr. Coughlin stated that it could be asked of the employees to sacrifice but they should be given a basis for the future.  The incentive to make the sacrifices must be made; as for contract negotiations; the light at the end of the tunnel needs to be considered.

Consider / Reconsider
1. Motion made by Mr. Mauk to approve the minutes of January 20, 2009.  Second by Mr. Ouellette.  The Board voted unanimously in favor.
2. Motion made by Mr. Mauk to approve the minutes of January 26, 2009.  Second by Mr. Rebello.  The Board voted unanimously in favor.

Other Issues
1. Mr. Valcourt commended the East Beach Task Force for their work in presenting the recommendations to the Board.  Mr. Valcourt felt the recommendations were fair and just for everyone.
2. Mr. Mauk asked for the release of the report by the Auditor regarding the Town-provided vehicle policy.  Mr. Coughlin stated he is still waiting for the actual letter from Mr. Roselli.

Executive Session  - 9:41P.M.
Motion made by Mr. Mauk to enter into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23B to discuss pending litigation and approval of Executive Session Minutes of January 02, 2009 and January 26, 2009.  Second by Mr. Valcourt.  The Board voted unanimously in favor.

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

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

Open Session – 10:05 P.M.

Motion made by Mr. Mauk to adjourn the Board of Selectmen’s meeting.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Adjournment.
                    Respectfully submitted,

                    Diane Pelland, Confidential Clerk
                    to the Board of Selectmen

                    APPROVED:                        
                                Gary E. Mauk, Clerk