BOS Minutes 10-17-11
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
MONDAY
OCTOBER 17, 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.
Presentations to the Westport Fire Department - RE: Bullard’s Save-A-Life Honors
David Vanderlaugh, Bullard’s representative presented awards to Lt. Daniel Ledoux accepting for the Westport Fire Department and to individual members Chief Legendre, Lt. Allen Manley and Lt. Daniel Baldwin for induction to the Bullard Save-a-Life Club. The Westport Fire Department is the 77th Department in the Country to be inducted. On July 4, 2010 the Westport Fire Department saved the life of a resident from a burning home which was filled with smoke and reported as empty, by using the thermal imaging camera. Chief Legendre stated the camera was first bought in 1999 at a cost of around $25,000.00 with the department being very skeptical about it’s reliability but after getting the results obtained on July 4th, we see it is worth the money and currently the department is working on a grant to upgrade our equipment. Mr. Vanderlaugh stated the thermal imager gives the firemen the ability to see through smoke as though the lights were on.
The Board of Selectmen presented the Westport Fire Department a citation in recognition of their efforts.
Citation - RE: Robert W. Pierce
The Board of Selectmen presented a citation to Mr. Pierce upon his retirement and recognizing his many years of faithful service to the Town of Westport in the Shellfish Department as a Deputy Shellfish Constable. State Representative Paul Schmid presented citations from the State House and from Senator Michael Rodrigues. Shellfish Constable Gary Sherman thanked Mr. Pierce for his dedication to the department and stated Mr. Pierce will be sorely missed. Mr. Sherman asked the Board if they would consider appointing Mr. Pierce as a Special Deputy to the Shellfish Department in order to provide support and share his gained expertise with members of that department.
Motion made by Mr. Ouellette to appoint Robert W. Pierce as Special Deputy to the Shellfish Department in order to provide support and gained expertise to the Shellfish Department. Second by Mr. Dutra. The Board voted unanimously in favor.
Board of Health – Dr. John Colletti - RE: Special Town Meeting Warrant Article for Revolving Account
Board of Health member Dr. John Colletti stated the Town Nurse receives about 540 doses of vaccine a year; this year that amount was cut by the State to 180 doses. Dr. Colletti stated the Board of Health reached out to area physicians and received a response from Dr. Callen at Prima Care who donated 360 does. The State normally donates the doses, needles, etc and there is a charge for the vaccines but the doses that are given out for free are reimbursed through the State or Health care provider. Dr. Colletti stated the Board of Health would like to establish a Revolving Account for the Town Nurse just for the vaccines and they are seeking support of an article to establish this account. Dr. Colletti stated this would not affect their budget and the amount they are looking at is around $15,000.00. Dr. Colletti stated that normally, around $8,000.00 is generated from the vaccines but not usually over $10,000.00. Dr. Colletti said the Revolving Account would be used to cover the vaccines only. The 360 doses that were cut normally cost around $4,000.00. Dr. Colletti presented to the Board of Selectmen the wording for the article that the Board of Health was seeking.
Motion made by Mr. Ouellette to support an article for a Revolving Account for the Town Nurse with a cap of $10,000.00. Second by Mr. Vieira The Board voted unanimously in favor.
Dr. Colletti also requested whether the Board could issue a citation to Dr. Callen recognizing his donation.
Motion made by Mr. Ouellette to issue a citation or letter to Dr. Callen. Second by Mr. Dutra. The Board voted unanimously in favor.
Mr. Vieira noted that a date needed to be set with the Board of Health to handle the Animal Control Officer position. Dr. Colletti stated there is a tremendous difference in the duties of a Dog Officer and an Animal Control Officer but the ACO will only handle domesticated animals, not wild animals. Ms. Lambert, Acting ACO stated she is not licensed to handle wildlife.
Question and Answer Period
None.
Correspondence Requiring Action and/or Reading
1. The Board requested that copies of the report be forwarded to Mr. Piva; also, the Police Dept. will be sent out to do an updated report regarding unregistered vehicles.
2. No action taken.
3. Motion made by Mr. Vieira to approve the request of Westport Point United Methodist Church for an Annual Pumpkin Walk and to approve the closure of Main Road from the north end of the cemetery / 1913 Main Road to the end of the road, to all traffic, except for residents and fishermen from approximately 5:30 PM to 9:00 PM based on any recommendations from the Police Department with a police detail being utilized and that there have been no negative responses from the neighborhood. Second by Mr. Ouellette. The Board voted unanimously in favor.
4. Mr. Spirlet explained the Long Term Planning Building Committee will be three (3) individuals working for the Board of Selectmen; they will have no authority and their only duty will only be to report to the Selectmen on what each building will need. Once that is done, the normal process will be followed, whether that is going to the Historical Commission, Community Preservation, etc.; all guidelines will have to be met. Ms. Wendy Goldberg stated her understanding is there are 13 buildings on the list and 7 of them have historical value. Mr. Spirlet stated that no one is trying to circumvent any committee, board or commission; the buildings will be put into two groups, historical or regular town-owned. Mr. Dutra stated this is a good point, we need to beef-up the job description and update the guidelines and list of duties. Mr. Spirlet noted this committee will be a non-posting committee. Ms. Slade stated this will be a committee and they will have to post meetings, onsites, etc. Mr. Spirlet stated he will check with Town Counsel regarding the need to post.
Town Administrator’s Report
Mr. Healey reviewed his report with the Board. In regards to a town meeting, the Town Clerk has pointed out the bylaw and the date of December 12th should be December 13th; the bylaw states meetings must be held on a Tuesday.
Mr. Healey stated the $6,000.00 fine imposed on the Town maybe lowered to $1,500.00 with a project being completed; the project will consist of using rain barrels.
Mr. Healey stated that Certified Free Cash has been approved through MA DOR in the amount of $613,497.00.
Mr. Healey stated that Harold Sisson has brought in a check for $1,140.00, which represents NStar’s reimbursement for cost savings resulting from the new lighting installed at the Highway Department barn.
Mr. Healey stated a request for an extension of time in order to use vacation and personal time was received from Christopher Goncalves, Highway Dept. Foreman. Mr. Healey stated he understood there already has been an extension granted but due to the fact of having to deal with the cleanup after the hurricane and Mr. Sisson being out on medical leave, Mr. Goncalves has not been able to use his time.
Motion made by Mr. Ouellette to approve an extension request for Christopher Goncalves to use 37 hours of vacation and 12 hours of personal time by December 31, 2011. The reasons for extension is due to the fact that the Highway Surveyor’s medical absence and the time consumed by the aftermath of the hurricane cleanup. Second by Mr. Coyne. The Board voted unanimously in favor.
Mr. Healey stated there is a short window for Town Meeting. The Board should consider setting the date for Town Meeting on November 8th then vote to open (10-17-11) and close (10-21-11) the warrant; and to hold a special meeting with the Finance Committee on 10-24-11 to vote on your positions on the articles in order to post the warrant on 10-25-11 and then to set the date for the debt exclusion vote on December 12th.
Motion made by Mr. Vieira to set the Special Town Meeting date as November 8, 2011 and the Debt Exclusion vote for December 13, 2011. Second by Mr. Dutra. The Board voted unanimously in favor.
School Superintendent Dr. Colley presented the Board with a summary of all the bills
that have been covered this far, a projected set of bills and bills that have not been
covered, in order to come to a warrant article amount. Dr. Colley stated the projected
set of bills includes further testing and work. Dr. Colley stated they still have to deal
with the removed contaminated material and that work is estimated to be around $78,000.00 and there is a bill for the design and engineering work at around $30,000.00. Total estimated cost is $3.1 million and that is the amount for the article, that amount is not to be exceeded; and anything left will be pulled back to go out to bonding. Mr. Vieira stated there is a need for diligence in signing off on these bills; the bills need to be factual due to procurement laws. Mr. Vieira stated that $3.1 million is being asked for and the School Committee agrees right now, the amount is around $2.8 million. Mr. Spirlet stated that when the article is put on the ballot, according to state law, no figure has to be included; when it is on the warrant, the insertion of the amount is okay, according to Kopelman & Paige. Mr. Vieira stated this needs to be made very clear with the people, this is not open-ended. Mr. Vieira stated the Planning Board is going forward with a public hearing on October 25th, we could delay the STM but that will not help the Planning Board who would like more public input. Mr. Ouellette stated that due to his wife being on the school payroll, he will abstain from voting on school matters.
Motion made by Mr. Dutra to set Monday, October 24, 2011 at 4:00 PM or Friday,
October 21, 2011 at 4:00 PM as a special joint meeting of the Board of Selectmen,
Finance Committee and School Committee to review the warrant articles. Second by
Mr. Ouellette. The Board voted unanimously in favor.
Mr. Vieira suggested that Mr. Healey meet with the Superintendent and School Committee to go over procurement. Again, Mr. Vieira stated that due diligence was needed, they will be asking for $3 million so the bills need to be reviewed carefully; when an audit takes place two years down the road, we don’t want problems presenting themselves.
At this time, Town Moderator Steve Fors spoke to the Board. Mr. Fors stated two weeks ago, an agreement was reached that the Board would give four weeks notice to the Finance Committee regarding the warrant. Mr. Vieira stated he agreed, but there is an urgent request from Bond Counsel in order to meet payroll; there is only about three articles on the warrant. Mr. Fors stated he is really troubled by this; the Selectmen set the warrant but the bylaw sets the date. Mr. Fors stated he can choose to close down the meeting. Mr. Healey stated he understood Mr. Fors’ position and he also understood that the Selectmen were going to try to come up with a bylaw to handle non-dollar amount articles but unfortunately, it can’t happen at this time; the bylaw will be put together at a later time. Mr. Fors stated that if the Selectmen knew they were going to violate the bylaws, why wasn’t he invited; it seems the Board thumbed their nose at him. Mr. Spirlet apologized for the oversight, but asked Mr. Fors if he knew of a better way to do this, they would appreciate his help. Mr. Fors stated he will sit down with the Town Administrator on October 18, 2011 at 12:30 PM to discuss this issue but his business is the time frame, not what is on the warrant. Mr. Spirlet stated this was not done intentionally, especially in not inviting Mr. Fors. Mr. Fors stated he will not stand for the Board’s disrespect of the bylaws.
Consider / Reconsider
1. Motion made by Mr. Dutra to hold on appointing candidates to the Conservation Commission due to the fact that there is a lot of interest for this seat and all the candidates need to be invited to the next meeting in order to be interviewed so an informed decision can be made. Second by Mr. Ouellette. The Board voted 3 in favor, 2-opposed (Vieira, Coyne).
Motion made by Mr. Coyne to close the vacant position on the Conservation
Commission. Second by Mr. Dutra. The Board voted unanimously in favor.
2. Motion made by Mr. Dutra to authorize the Town Administrator to communicate with Ms. Pauline Dooley the fact that her filing fee will not be returned. Second by Mr. Coyne. The Board voted unanimously in favor.
3. Motion made by Mr. Dutra to approve one day liquor licenses for the sale of wines and malt beverages for Buzzards Bay Brewing for Saturday, November 26, 2011 from 4:30 PM to 8:30 PM for their Annual Open House and Westport River Winery for Saturday, November 26, 2011 from 11:00 AM to 5:00 PM for their Annual Open House. Second by Mr. Ouellette. The Board voted unanimously in favor.
4. No action was taken regarding a resolution for House Bill No.H1972 – An Act Regulating Election Primaries.
5. Mr. Vieira asked the Town Administrator and School Superintendent to reconsider the Special Town Meeting date; if this date could be kicked back a couple of weeks because with certified free cash and state funds, the tax rate could be set. Also, the bylaw calls for four weeks notice; it maybe worthwhile to look into this. Mr. Healey stated that short-term bonding may have to be looked at. Mr. Dutra stated he agrees to a stripped-down mode warrant; anything that is non-essential should be put off; also, we are looking at two meetings, spring and fall. Mr. Spirlet stated the article for the Board of Health Revolving Fund could be taken out also. Mr. Dutra stated he understood that the Revolving Fund can be incorporated within the fiscal year as long as it is tracked. Mr. Spirlet stated he wanted to see the Board work with the Town Moderator. Mr. Healey asked for a clarification that there would be another town meeting in the winter; there is a need to pay some bills and the Highway Department, without a meeting in February, won’t meet payroll. Mr. Dutra suggested that articles for revolving funds such as the Beach and Board of Health and non-essential articles be held on because you can still capture the Board of Health monies obtained from shots in order to start the revolving fund, we just can’t go past the close of the books.
6. No action was taken on setting open/closing dates for warrant articles.
7. Addressed in the Town Administrator’s report.
Other Issues
1. Mr. Spirlet announced an invitation to all to attend the Veteran’s Day Ceremonies on November 11, 2011.
Executive Session – 8:06 PM
Motion made by Mr. Dutra to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to approve Executive Session Minutes of September 6, 2011, to discuss union contract negotiations and to discuss cable contract negotiations. Second by Mr. Ouellette. The Board voted unanimously in favor.
Roll Call Vote: Mr. Dutra-aye. Mr. Ouellette-aye. Mr. Vieira-aye. Mr. Coyne-aye. Mr. Spirlet-aye.
Mr. Spirlet announced the Board would return to Open Session in order to adjourn.
Open Session – 9:41 PM
Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting. Second by Mr. Dutra. The Board voted unanimously in favor.
Adjournment.
Respectfully submitted,
Diane Pelland, Confidential Clerk
To the Board of Selectmen
APPROVED:
James W. Coyne, Clerk
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