BOS Minutes 09-19-11
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
MONDAY
SEPTEMBER 19, 2011
Members Present: Richard M. Spirlet, Chairman
Steven J. Ouellette
Antone C. Vieira Jr.
James W. Coyne, Clerk
Absent: Craig J. Dutra, Vice Chairman
Also present: John F. Healey, Town Administrator
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.
Proclamation – RE: Ataxia Awareness Day
Mr. Spirlet read aloud a proclamation for Ataxia Awareness Day and the Board presented it to the Coyne Family.
George Foster, Town Treasurer – RE: Bond for Oscar Palmer Farm
Mr. Foster presented the bond for the Conservation Restriction of the Oscar Palmer Farm. Mr. Foster stated this is done in one-year notes of $50,000.00; this way when it is put out to bid in pieces, there is more interest in it. The Town’s total portion will be $268,375.00. Mr. Vieira stated this equates to .02 per $1,000.00 per household in regards to taxes. The Board of Selectmen signed the appropriate documents.
Richard Spirlet / Antone Vieira – RE: Update on progress of storm aftermath
Mr. Vieira stated research was done on the options that the Town will be facing. There was a meeting with the DEP, who visited Westport last week and toured the town and at the beach. One item is the road can’t be reconstructed in its present state. The road can be moved about 1,000 ft. toward the Town-owned land; the DEP suggested no blacktop this year, which opens the Town up to other options including jetties to catch the sand. This won’t solve all the problems but it can help with beach nourishment. The jetties would be constructed of boulders going out into the water. Mr. Vieira stated tonight, he would like to go forward with a strategy for opening the road and building jetties and a barrier reef. There is a lot of cooperation at the State level which includes the DEP and the Army Corp of Engineers. At this time, the Highway Department is being kept involved with this area; last Friday, the road was open, it is a little soft but it did work. The Town is trying to contact NStar to move the poles over and if that happens, we may be able to open the road soon. A consensus seems to be building at doing something different; at one point, the DCR mentioned putting in culverts under the causeway. A lot of cooperation and a lot of support are being received and at this point we are trying to build a strategy both financially and safety-wise. This is a work in progress but we have done a lot in a week already. Mr. Spirlet stated that if a vote to open the road happens, circumstances maybe that a vote to close it just as fast may happen. We don’t know how it will go; there seems to be a lot of sand and we are waiting to hear from the DEP for the use of the materials. This is only a temporary fix and signs will be installed “Use at own Risk” to the limit the Town’s liability. Mr. Vieira stated that in speaking with Ms. Truesdale of MA DEP, the Town could benefit by the Title V Betterment Program, and this would benefit the whole Town, not just East Beach. Mr. Spirlet stated that so far, $50 million dollars has been given out in loans for Title V. Dr. Colletti stated there was a similar program back in the ‘90’s; he believes the loan was at 2% interest and the Board of Health backs this totally. Chief Legendre, EMA Director stated the road has been opened temporarily; there were no issues on Friday but the concern is for motorcycles passing over it. The Highway Department believes they can grade the loose sand down even more. The opening of the road was from 8:00 AM to 3:00 PM with no problems. Chief Legendre asked if signs such as “Pass at Own Risk” or “Speed Max – 15 MPH” could be posted. Mr. Coyne stated that in placing signs like that, only acknowledges that the Town knows it is dangerous; speed signs would be better. Mr. Vieira stated the signs are needed but something needs to be done with the poles. Mr. Vieira suggested an RFP to put in a laneway to get ready for winter. Chief Legendre stated the Highway Department will have a problem with this road for the winter; now, it is passable utilizing about 1 ½ lanes wide. Mr. Coyne stated the signs are needed to alert people about the road closures. Officer Bell, Westport Police Department was present and stated the Police Department at this time is making no recommendations; the Chief said if the road is made safe, he will have no problems with it. In order to make a recommendation, the road would have to be looked at and as for the conditions, the weather rules that. Officer Bell stated with the installation of signs such as “Pass at Own Risk” opens the Town up to lawsuits. Chris Goncalves, Highway Department stated the road will be re-graded again. Mr. Spirlet asked that once the re-grading is done, the Highway Department should contact the Conservation Commission because if any dirt, stone and cobble can be used, it will help to protect the area; be aware of the fact that the poles are now located on the south side of the road. Mr. Vieira asked if there was a base; Mr. Goncalves stated there is a base two feet down. Chief Legendre stated the Town is waiting to hear from FEMA; unofficially we have met the threshold. David Cole stated he spoke with Ms. Truesdale about requesting to be informed about the State Revolving Fund and to be involved in this matter. Mr. Cole stated that at last month’s meeting, an engineer from New Bedford made statements and those need to be looked at closely. Mr. Vieira stated the engineers seem to be agreeing with jetties; the only disagreement was a Town resident. The Town needs a road for access, especially in an emergency. The DEP suggested talking with the DCR about the causeway. We are building a consensus; we know we are not looking at something that will last forever but we need to do something before the beach disappears. Wayne Sunderland reminded the Board that there was private property on the north side and the Town needs to get an easement if it goes over the property; the Town needs to do something fast because the storms just keep coming.
Mr. Vieira stated there has been cooperation on both sides. Mr. Spirlet noted in regards to Almy’s Pond, the DEP is looking at it; perhaps there maybe reimbursement for it.
Motion made by Mr. Vieira to open East Beach Road subject to safety inspection and signs being installed. Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Dutra).
Motion made by Mr. Ouellette to have engineers look at the road for cost and procedure and to have Chief Legendre look into funding. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra).
Public Hearing – RE: State Road Auto Sales, Inc., 851 State Road – Request for a Repair License
The public hearing was opened at 6:54 PM. Present: Antone Almeida, Jose Couto and Dan Aguiar, SITEC representing State Road Auto Sales. No abutters were present. Mr. Aguiar stated the floor drains have been installed and approved by the Building Inspector; this request for a repair license is not for outside work, it is for the for-sale vehicles only. The applicant is seeking a 10-car limit and the parking plan has been approved and signed off by the Building Inspector and the Fire Department. Mr. Coyne noted that an amendment is needed to the worker’s comp insurance, there are employees and it is required. Mr. Spirlet noted the 10-car request for the repair license will be deducted from the Class II License vehicle limit.
Motion made by Mr. Ouellette to approve a Repair License for State Road Auto Sales, Inc., 851 State Road with the stipulation that the 10-car vehicle limit will be deducted from the Class II vehicle limit and that an amendment to the Workers Comp Insurance is submitted prior to receiving the license. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra). The hearing is closed at 6:59 PM.
Public Hearing – RE: Big Mark Enterprises, Inc., 937 State Road – Repair License Amendment
The public hearing was opened at 6:59 PM. Present: Mark Galhardo. Mr. Spirlet stated that before this hearing continues, there are outstanding issues at this location and there is no active lease on file. Mr. Coyne questioned why a lease was being made part of this hearing; this is for a repair license. Mr. Galhardo stated he has a five-year lease and it is renewable every January 1st. Mr. Spirlet asked if there was one on file. Mr. Galhardo stated he guessed so. No abutters were present.
Motion made by Mr. Coyne to approve the request for amendment to the Repair License for Big Mark Enterprises to include detailing of vehicles. Second by Mr. Vieira.
The Board voted 4 in favor, 1-absent (Dutra). The public hearing is closed at 7:05 PM.
EMI – Richard Kleiman – RE: Solar Energy and a proposal to partner with EMI and the Town of Dartmouth
Richard Kleiman and the Energy Committee were present. Mr. Kleiman is from Energy Management, Inc. and spoke with the Board regarding solar energy. The project produces energy which is sent to NStar and then credits come back to the Town against the electric bill. There is no investment in capital. Mr. Kleiman stated the estimated savings depends on the project size. For example, a project size of 2mw would yield an estimated annual savings of $88,506.00 and a project size of 3 mw would yield an estimated annual savings of $ 131,120.00. Ms. Anne Barnes stated she prepared some research by looking at a full fiscal year; the kilowatt usage of the Town could be estimated at 1.9mw, which means that a project size of 2mw would be all that is needed. Ms. Barnes stated the high school and cemetery are not included in the total and it seems that National Grid handles the street lights. All bills are billed separately since 2009 and Ms. Barnes stated that it is important to have the bills consolidated. The high school is the biggest user of energy. There is a 3-year contract and this needs to go back to global billing. Mr. Kleiman stated this can be done, it is not a problem. Mr. Healey asked if there could be piggy-backing on procurement. Mr. Kleiman stated under Ch. 30b, there is an exemption for energy services. There is a window of opportunity here with a 30% grant with the Federal Government; realistically, there is not a lot of time to have someone come in and assess and then out to bid. Mr. Vieira stated the Town should also look at solar energy; the Energy Committee felt this was a good idea looking at other options such as solar. This makes sense as long as there are sustainable funds. Mr. Kleiman said a project could be up and running by 2012. Mr. Healey stated this was worth looking into and asked the permission of the Board to contact Town Counsel with regards to the issue of the 30b exemption; and while we are looking at a short window, it doesn’t mean there are no extensions, we can still look at Dartmouth and their landfill. Mr. Vieira stated this is revenue generating and Mr. Kleiman has a contract to be able to work with the Town of Dartmouth. Mr. Kleiman stated this project is located on private property. Mr. Barnes asked what the timeline for Dartmouth was. Mr. Kleiman stated both sides are working toward an agreement and hopefully, it will be in a matter of weeks; in regards to Westport, we could shift to a smaller project. Mr. Barnes asked what if the selling prices changes. Mr. Kleiman stated that presumably those Towns involved are grandfathered; it would be similar with a wind turbine; you will be taking the same chances basically. Mr. Vieira said the idea of solar credits is intriguing but there is a concern about a 20-year contract, especially with the future and other offers. Mr. Healey stated if an agreement is entered into, would the company be open to another bid as opposed to a PPA. Mr. Kleiman stated he was not opposed to a PPA but under the proposal, the Town would use up their credits but the Town could lease a location for the solar such as a landfill; currently, the Town of Dartmouth is leasing a private property; also, the company would look at nothing shorter than 20 years. Mr. Vieira asked Mr. Healey to prepare an RFP. It was noted this part of the project is between EMI and Westport. The Board thanked Mr. Kleiman for coming in.
Question and Answer Period
None.
Correspondence Requiring Action and/or Reading
1. Motion made by Mr. Ouellette to appoint William Raus as Planning Board
representative to the Economic Development Committee and Tax Incentive Program
Committee. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra).
2. This matter was taken under advisement.
3. No action was taken.
4. Motion made by Mr. Ouellette to appoint Karen Pacheco to the Narrows
Redevelopment Committee. Second by Mr. Vieira. The Board voted 3 in favor, 2-
absent (Coyne, Dutra).
5. Motion made by Mr. Ouellette to open the Scallop Season at sunrise on October 15,
2011. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra). This item
will be placed on the website and cable scroll.
6. No action taken.
7. Motion made by Mr. Coyne to grant “Special Municipal Employee” status under
Section 20(d) of the Massachusetts State Ethics Laws to the Greater Fall River
Vocational School District Committee members. Second by Mr. Ouellette. The Board
voted 4 in favor, 1-absent (Dutra).
Town Administrator’s Report
None.
Consider / Reconsider
1. Motion made by Mr. Ouellette to appoint James B. Roberts, Jr. as a full-time Patrol Officer for the Town of Westport effective September 18, 2011. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra).
2. Motion made by Mr. Vieira to approve the Regular Meeting Minutes of August 22, 2011. Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Dutra).
3. Motion made by Mr. Vieira to approve the Animal Control Officer job description (revision date: 09-01-11). Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Dutra).
4. Ms. Sharon Gay stated the issues that need to be addressed are Project 09-7 and 09-11 and the contract extension with STG Consultants. Project 09-7 needs to be re-bid and may need a single case waiver, if required after the re-bid; there will be follow-up construction before completion. Project 09-11 is a 4-unit building which has significant lead paint problems. This needs to be reviewed because it is now becoming cost prohibitive and a project extension will be needed. As for the contract extension, Ms. Gay stated an extension is needed in order for her to complete the work that has already been started and after this is done, Ms. Gay suggested the Town should consider options to utilize the extra money by hiring an internal
employee. Discussion ensued and the following votes were taken:
Motion made by Mr. Coyne to approve the budget amendment for this quarter and
next quarter in the amount of $8,000.00. Second by Mr. Vieira. The Board voted 4
in favor, 1-absent (Dutra).
Motion made by Mr. Coyne to approve the grant extension to March 31st. Second by
Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra).
Motion made by Mr. Coyne to approve the application for a December 16th grant
extension and to sign the contract. Second by Mr. Ouellette. The Board voted 4 in
favor, 1-absent (Dutra).
Motion made by Mr. Vieira to file a single case waiver, if needed. Second by Mr.
Ouellette. The Board voted 4 in favor, 1-absent (Dutra).
Other Issues
1. Mr. Spirlet read a letter received from Al Paiva regarding Cleveland Street. Mr.
Spirlet noted this is an ongoing issue that has used a lot of money this far.
Motion made by Mr. Vieira to forward this matter to Building Inspector Ralph Souza,
the Police Department and Town Administrator for follow-up and a resolution.
Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Dutra).
2. Mr. Healey stated he had the final report for the Quinn Property from Campbell
Engineering to the DEP. Mr. Healey requested the Board approve the report so it
could be submitted. Motion made by Mr. Vieira to approve the report to the DEP.
Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Dutra).
3. Mr. Coyne stated that a CORI Report and letters of reference have been received in
regards to the Veterans Agent; Mr. Coyne stated he is checking with the Town
Accountant’s Office about an exiting audit for the Veteran’s Office.
4. Mr. Coyne asked if the Attorney General has approved the article for junk dealers yet
and if so, is it being implemented.
5. Mr. Ouellette asked if Dr. Colley could be contacted regarding an update on the
school situation and if an invitation could be sent for the next BOS meeting inviting
Dr. Colley and the School Committee Chairperson.
6. Mr. Vieira stated that when time permits, all outstanding contracts should be looked
at.
7. Mr. Spirlet asked that a memo be sent out reminding everyone that the order of Town
Counsel use is still in effect; all requests should be through the Town Administrator
or the Chairman of the Board of Selectmen.
Executive Session – 8:47 PM
Motion made by Mr. Coyne to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss pending litigation and a Highway Dept. grievance. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra
Roll Call Vote: Mr. Coyne-aye. Mr. Vieira-aye. Mr. Ouellette-aye. Mr. Spirlet-aye.
Mr. Spirlet announced the Board would return to Open Session in order to adjourn.
Open Session – 9:35 PM
Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 9:35 PM. Second by Mr. Vieira. The Board voted 4 in favor, 1-absent (Dutra
Adjournment.
Respectfully submitted,
Diane Pelland, Confidential Clerk
to the Board of Selectmen
APPROVED:
James W. Coyne Jr., Clerk
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