Westport News

BOARD OF SELECTMEN

REGULAR MEETING MINUTES

MONDAY

OCTOBER 03, 2011

 

Members Present:                 Richard M. Spirlet, Chairman

                                                                Craig J. Dutra, Vice Chairman

                                                Steven J. Ouellette

                        Antone C. Vieira Jr.

                        James W. Coyne, Clerk

Also present:                          John F. Healey, Interim 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.

 

Citations:  Ronald Costa and Dr. Betty Slade

The Board presented retiring Veterans Agent Ronald Costa with a citation in recognition of serving the Town for many years.

The Board presented Dr. Betty Slade with a citation in recognition of receiving the Robert Keuhn Award for MA Community Preservation Coalition.

 

Boston Post Cane – Yvette Landry

The Board presented Ms. Yvette Landry with the Boston Post Cane and a citation in recognition of her attainment of being the oldest Westport resident at the age of 100.

 

Public Hearing – RE: 202 Drift Road

The public hearing was opened at 6:15 PM.  Town Counsel Attorney Megan Bayer was present.  Wayne Pearce, property owner and his daughter Shannon Pearce were present.  Attorney Bayer gave a brief update as to why this property was before the Board again for another public hearing.  The hearing was to determine whether the property located at 202 Drift Road is a nuisance to the neighborhood or dangerous, and if found to be so, to prescribe its disposition, alteration or regulation.  This hearing was again being held because the property owner has stated he did not receive any notice of the first hearing, at which the Board voted and a decision was served.  In abundance of caution, the Board has agreed to hold a second hearing without the fear of anyone’s rights being violated. Building Inspector Ralph Souza gave a report on the condition of the property and its present state.  The property sustained heavy damage by a fire on July 4, 2010, and has been deemed unsafe and uninhabitable. Mr. Souza stated a demolition permit was applied for; the fee for this permit was waived but Mr. Pearce has not done anything.  Mr. Souza stated the building is a burnt out structure with debris in the house, yard and garage.  There is also a health concern of rodents.  There is no floor in the structure; the fire completed gutted the building.  The Board of Health has deemed this property a health hazard and sought permission to eliminate the rat infestation.  Mr. Pearce stated the rats were caused by a neighbors animals but he has taken care of the situation.  As for items in the garage, they are items that he was able to salvage after the fire.  Mr. Pearce stated his insurance company says the house is salvageable.  As for being notified about the first hearing, the Town had the wrong address, so he was never notified.  Mr. Pearce stated he has been to the property the last four days and has been cleaning up; he agrees the house needs to be torn down but he doesn’t have the money to tear it down; at this time, his Attorney is Richard Desjardins.  Ms. Pearce stated Attorney Desjardins is handling the sale of the house with a potential buyer and at this time, my parents have not received any money from the insurance company.  As for the house being a health hazard to anyone, unless you go into the house, there is no safety concern. Mr. Pearce stated he will do the demolition himself because he can’t pay anyone; if the Town orders it demolished who is going to pay that bill.  Mr. Spirlet stated if the Town has the house demolished, a lien will be place against the property; the Town will not be taking the property away from you, just placing a lien for future repayment. Attorney Bayer reminded the Board the dwelling could be knocked down in a reasonable amount of time because the Board already voted under Ch. 138, Section 1-3B with 30 days originally.  Mr. Pearce stated his property was under foreclosure but a pending sale is holding up the proceedings.

Motion made by Mr. Vieira to demolish the house only within 20 days.  Second by Mr. Coyne.  The Board voted unanimously in favor.    

Mr. Souza asked if the Board would be waiving the demolition permit fee.  Mr. Vieira stated that every homeowner has a responsibility to pay fees; we need to take the fee, if not, why then should the Town have fees at all; and when a contractor pulls a demolition permit, isn’t that part of the cost to the homeowner.  Mr. Dutra stated that if the property owner pulls the permit, there could be no fee but if a contractor pulls the permit, the fee must be paid.

Motion made by Mr. Ouellette to waive the demolition permit fee if the property owner applies, the fee will not be waived if a contractor pulls the permit.  Second by Mr. Coyne.  The Board voted unanimously in favor.  The hearing is closed at 6:50 PM.

 

Elizabeth Collins – RE: Discussion regarding the subject of compliance with the BOS Committee appointment certification rules

Ms. Collins stated she included in the Selectmen’s packet a copy the information of how this situation occurred. Ms. Collins stated she filed the complaint with the CPC first and gave suggestions of how to correct the problem and then filed the same complaint with the Attorney General; who will only step in if the outcome is not amiable to both sides.  Ms. Collins stated that in reviewing the Open Meeting Law, she called the Town Hall to confirm that all appointees had gotten their letters with the same instructions.  Ms. Collins stated she filed a public records request with the Selectmen’s Office and she has discovered that there is no central database. Ms. Collins stated the Selectmen’s Office has two separate lists for Open Meeting Law and Conflict of Interest compliance and the Town Clerk has her own list of who has been sworn in.  Of all those appointed, 182 people have complied with the Conflict of Interest training and 64 have complied with the Open Meeting Law training; so, there are people participating and voting who should not be by law.  There are also some people who have not complied and have not been sworn in.  There is no accountability.  Mr. Spirlet stated it is up to the Chairpersons on each board and committee to take responsibility for their members, not the Board of Selectmen.  Mr. Spirlet stated he has spoke with the Town Administrator to look over the letters that are revised and being proposed by the Personnel Board.  Ms. Collins stated it all starts with the Select Board; the Town Clerk does handout documents to the appointees but it is not the right documents.  The law says the “Municipal Clerk” and there is a trigger of 14 days for compliance.  One problem is that non-appointees, those whose terms are still active, did not get a letter and therefore are not in compliance.  Mr. Coyne questioned what happens when a board or committee member is not sworn in or have not completed the OML or COI and are voting in the majority, are their votes illegal.  Mr. Spirlet stated the letters was to new appointees, we can’t hold all members accountable due to that mistake.  Ms. Collins stated it is not hard to set up a database; the lists that exists now, do not tell me who has not done what.  Ms. Collins stated she did not come to the meeting to put anyone on the spot; she was only here tonight before the Board because this is new and needs to be fixed.  It was decided that Ms. Collins would work with Mr. Healey on this matter.

 

School Superintendent Dr. Colley & School Committee Chair Michelle Duarte – RE: Update on schools

Dr. Colley was present but not Chairperson Duarte.  Dr. Colley stated the school started a couple of days late and some offices were not opened. An acceptable level of PCB is 300 for 6 to 12 years old.  The gym and library were used for bagged lunches which were brought in from the High School.  Ventilation was a problem, where there was restricted airflow.  The kitchen and cafeteria were at low thresholds and on Thursday, the Board of Health was at the school.  Different scenarios were tested; where nothing was done the level lowered, when windows were opened, the level lowered but when carpeting was pulled out the level rose.  After speaking with the School Committee, it was decided to pull out the rugs, install new flooring and ventilate; at this time, 90% of the building is open.  The cost is about $2.6 million and should be completed by the end or middle of October.  We will be sending out reports regarding the testing.  Some of the rooms will be tested with the children in them and some without the children in them. We are now back into the swing of things for this year.  Mr. Vieira stated to Dr. Colley the Board is signing off on bills after the School Committee members are signing off; some of the bills are being held for payment.  Mr. Vieira suggested the Superintendent take responsibility of these bills.  If we are paying, we need to look at details now and would rather find and correct some of these issues before an audit takes place.  Dr. Colley stated the Board is invited to attend the next School Committee meeting on Wednesday, October 12, 2011 at 5:00 PM.  Mr. Shaughnessy, Robert Street resident asked if the PCBs have been removed; also, he heard a comment that the workers removing the PCBs were walking around without masks; why is this, if it is so dangerous.  Dr. Colley stated removal of most of the source materials has taken place.  The corking around the windows has been removed and the inside of the windows have been encapsulated; ceiling tiles have been removed and window sills have been encapsulated with all the dust being removed.  There are still PCBs in some areas.  The areas where the children are located have been cleaned as a temporary measure.  Long-term solutions would require a lot more work.  As for the workers wearing respirators, areas were blocked off by plastic and proved negative.  Some people needed suits and some didn’t, it all depended on the area that was being worked on.  Dr. Colley noted that everyone can check out the school’s website for constant updates.

 

Steve Fors – RE: Town Meeting

Mr. Fors and Finance Committee Chairman Hugh Morton were present.  Mr. Fors stated he would like to get an agreement with the Selectmen according to the bylaws.  Mr. Fors stated that it is appropriate to have the Board of Selectmen begin the budget process and then to forward it to the Finance Committee but the guideline can’t be met under the bylaw.  Mr. Fors stated that timing is everything, especially when getting the information to the Finance Committee and then out to the public.  A discussion took place regarding the setting of dates for budget submission and warrant articles.  Mr. Vieira noted the Board of Selectmen have been setting a budget and we need to say what is doable based on revenue and the money that is available; we spend more money than we have.  Mr. Dutra stated we need to look at what can be cut without closing down the Town.  Mr. Morton stated the Finance Committee does not want to base budgets on more than the revenue either.  Mr. Healey stated the Department Budgets should go to the Board of Selectmen by the first week in January or prior to Christmas and then a Department Head meeting should be held in January. Mr. Coyne stated that the “need” should be looked at first.  Mr. Dutra stated the issue here is time, discussions with the Finance Committee should be now, not January 1^st, or even before the end of November so there is no struggling at the end.  Mr. Healey stated those were good ideas and need does come first and then prioritization but there will be hard decisions to make; the Board needs to look at how things are done.  Everyone should make suggestions.  Mr. Healey further suggested the first cut is for level service budgets and the need to be flexible.

Motion made by Mr. Ouellette to set February 15, 2012 as the date the Board of Selectmen will forward their budgets to the Finance Committee.  Second by Mr. Dutra.  The Board voted 4 in favor, 1-opposed (Vieira).

Mr. Vieira suggested two Town Meetings; one in the spring and one in the fall.  The spring meeting could be to set the financial items and the second meeting for non-financial items.

Motion made by Mr. Dutra to set March 10, 2012 as the deadline date for warrant articles to be submitted to the Finance Committee from the Board of Selectmen. Second by Mr. Ouellette.  The Board voted 4 in favor, 1-opposed (Vieira).

The next issue raised by Mr. Fors was the ability of the Finance Committee to distribute their recommendations to the public; whether it be by posting on the internet, cable scroll or posted in the Town Hall, Annex, the schools or Lees Market, etc.  Mr. Coyne mentioned that Marion did a test-run of their town meeting.  Mr. Healey noted it is a practice called Pre-Town Meeting.  Mr. Fors asked there be no Special Town Meeting within the Annual Town Meeting; this causes too much confusion; everything can be handled within the Annual.  Mr. Healey stated the annual could be used for authorizing spending for July 1^st.  Mr. Fors stated most towns do not hold a special within their annual.  Mr. Healey stated he has received letters from the financial officers calling for a fall Special Town Meeting (the letters are attached to the Town Administrator’s Report); while the Planning Board is suggesting their article be put on in an early December Special Town Meeting.  Mr. Healey stated a Special Town Meeting should be held in early November in order to set the tax rate.  Mr. Vieira stated certified free cash should be held on and we don’t have to worry about setting the tax rate.  Mr. Healey stated he can’t go to the Accountant for certified free cash tomorrow; there are two issues, financial need and Planning Board articles, which may end up being taken care of in the fall/winter special town meeting, other than this meeting.  Mr. Vieira stated that certified free cash is from local receipts and left-over budgets.  

Motion made by Mr. Vieira to support the Finance Committee in their advertising in public buildings as opposed to a mailing regarding their recommendations.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

 

Recreation Committee – RE: Update on Bicentennial Park

Recreation Members George Cataldo and Tom Shaughnessy were present.  Mr. Cataldo stated a meeting was held with the neighbors, Mr. & Mrs. Harrop who live across from Bicentennial Park on Gifford Road.  It was a good meeting.  Mr. Cataldo stated there should be more signs made and Diman will be contacted.  The skate park is the biggest problem and liability to the Town.  There is a need for more trash barrels.  The location of the park, being near Route 6, maybe causing the problem.  Mr. Cataldo stated the park should be listed as for residents only.  Mr. Cataldo stated there are not any problems with the other park near the Town Hall Annex; it seems to be defined to this part of Town.  Mr. Cataldo suggested closing the park and opening a recreation building using CPC funds or a grant.  Mr. Vieira noted these are volunteer activities; this is a town not a city. 

Motion made by Mr. Vieira to authorize two signs to be made and placed on the property, the signs will refer to the hours of park use, no parking between 9PM to 7AM, authorized vehicles only, do not block driveway and use at your own risk.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-absent (Spirlet). The Board thanked the members for coming in.

 

Question and Answer Period

None.

 

Correspondence Requiring Action and / or Reading

1.      Motion made by Mr. Dutra to appoint Paul Velho to the Capital Improvements Planning Committee. Second by Mr. Ouellette.  The Board voted unanimously in favor.

2.      Motion made by Mr. Ouellette to approve a proclamation for American Indian Heritage Month.  Second by Mr. Vieira.  The Board voted unanimously in favor.

3.      No action was taken.  Mr. Vieira stated the Town qualifies for MEMA/FEMA; we made the first level; unofficially, Bristol County has met the threshold.  Mr. Healey stated the hazardous mitigation grant may have to be applied for but we need a plan; the documentation from the Highway Department from the last storm will be needed.

4.      No action taken.  Mr. Healey stated the lawyers are fairly close in negotiations; this letter will be forwarded to Town Counsel and the Cable Advisory Committee.

5.      Motion made by Mr. Ouellette to appoint Lucy R. Tabit to the Westport Cultural Council.  Second by Mr.  Dutra.  The Board voted unanimously in favor.

6.      Motion made by Mr. Coyne to accept the resignation letter of Valorie J. Schofield from the Council on Aging and to send a letter of thanks.  Second by Mr. Vieira.  The Board voted unanimously in favor.

7.      Motion made by Mr. Vieira to allow the Affordable Housing Trust Fund to send out a survey to Town Employees to help assess the needs and interest for affordable housing.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-opposed (Coyne).

8.      Motion made by Mr. Vieira to appoint John Andrade and Sara Beth Carvalho as full-time Dispatchers for the Westport Police Department.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

 

Town Administrator’s Report

Mr. Healey stated he has submitted a report to the Board; please review.  Also, Mr. Healey noted there was some good news this past week, a notification from the Executive Officer of Energy and Environmental Affairs was received and the Town of Westport has been awarded $20,000.00 to develop engineering designs to treat three municipal stormwater discharges from River Road into the west branch of the Westport River.  Mr. Healey stated he spoke with WRWA and Roberta Carvalho is the person who wrote the grant.

 

Consider / Reconsider

1.      This item was held on.

2.      This item was held on.

3.      Motion made by Mr. Dutra to approve the Emergency Meeting Minutes of August 26, 2011.  Second by Mr. Coyne.  The Board voted 4 in favor, 1-abstained (Ouellette).

      Motion made by Mr. Dutra to approve the Regular Meeting Minutes of September 6,

      2011.  Second by Mr. Ouellette.  The Board voted unanimously in favor. 

      No approval was required for the Special Meeting Minutes of September 13, 2011,  

      this was not a regular Selectmen Meeting, it was an update on the East Beach area.

4.      Motion made by Mr. Dutra to appoint the following School Committee representatives:  Carlos Colley and Michelle Duarte to the ADA Subcommittee; Michael P. Sullivan to the Educational Fund Committee and Antonio Viveiros to the Capital Improvements Planning Committee.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

5.      Motion made by Mr. Dutra to appoint Elaine Ostroff and Michael Quimet as Commission on Disability representatives to the ADA Transition Plan Committee and to appoint John Pelletier to the ADA Transition Plan Committee.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

6.      No action was taken.  Recommendations are to be sought from the Planning Board in addition to the Zoning Board of Appeals. This matter will be continued in two weeks.

7.      Motion made by Mr. Ouellette to approve of ten (10) SRPEDD hours to be used by the Town Planner to assist in updating the Westport’s Natural Hazards Pre-Disaster Mitigation Plan.  Second by Mr. Vieira.  The Board voted unanimously in favor.

 

Other Issues

1.      Mr. Spirlet stated this committee would be to review town-owned buildings for preventative maintenance.  Mr. Spirlet asked the Board to review his proposal for the committee and to come back in two weeks for further review.

      Motion made by Mr. Vieira to approve the creation of a “Long-Term Planning Town

      Building Evaluation Committee” and to place the committee vacancies on the cable

      scroll for 30 days.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

2.      Mr. Coyne stated there will be a meeting of the Housing Rehab Advisory Committee on Tuesday, October 11, 2011 at 10:00 AM in the Town Hall.

3.      Motion made by Mr. Ouellette to appoint John F. Healey as Chief Procurement Officer, Affirmative Action Officer, Americans with Disabilities Act Coordinator, SHMG Representative Alternate, Health Insurance Portability & Accountability Act Coordinator, and to the Capital Improvement Planning Committee and Westport Economic Development Task Force.  Second by Mr. Vieira.  The Board voted unanimously in favor.  

 

Executive Session

No Executive Session was held.

 

Motion made by Mr. Ouellette to adjourn the Board of Selectmen’s Meeting at 9:50 PM. Second by Mr. Coyne.  The Board voted unanimously in favor.

 

Adjournment.

                                                            Respectfully submitted,

 

                                                                                                                                   

                                                            Diane Pelland, Confidential Clerk

                                                            to the Board of Selectmen

 

                                    APPROVED:                                                                         

                                                            James W. Coyne Jr., Clerk