Westport News

BOARD OF SELECTMEN

REGULAR MEETING MINUTES

TUESDAY

NOVEMBER 01, 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.

 

Executive Session – RE: Health Insurance with Treasurer George Foster and Lease Agreement with Central Village Sidewalks/Lees with Attorney Jonathan Eichman

Motion made by Mr. Dutra to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss health insurance and a lease agreement for the Town.  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 will return to Open Session in order to continue with the regular meeting and then will end with an Executive Session.   

 

Open Session – 7:03 PM

 

Central Village Improvements Committee – RE: Status Update: Linden Tree

Elaine Ostroff and David Wallace were present.  Ms. Ostroff stated the Committee has looked at all options regarding the Linden Tree but there is no way in which to build around the tree without the interference of the roots and the safety factor that will be presented.  The Committee has decided that the Linden Tree has to be cut down.

Motion made by Mr. Dutra to accept the Committee’s recommendation to cut down the Linden Tree and it be replaced with a line of shade trees; the Linden Tree will be cut down when the time is appropriate.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

 

Interviews for Soil Conservation Board / Conservation Commission

Mr. Spirlet stated there were four applicants:  Christine Vezetinski, Richard Lambert, David Cole and Dian J. Gifford.  Ms. Vezetinski has withdrawn her application; and Ms. Gifford will not be attending due to medical issues.  The Board will interview the two remaining applicants:  Richard Lambert and David Cole.

Richard Lambert:  Mr. Lambert stated he applied because while he was on CPC, a bill was created by an error on the Conservation Commission’s part of approximately $2,000.00; having served in the past on the Conservation Commission for 19 years, this situation could have been avoided with the knowledge that Mr. Lambert has.  Mr. Lambert noted that he has taken the MMAC Training and at this time, he is only serving on the Community Preservation Committee.  Mr. Coyne asked Mr. Lambert that during his 19 years of service to the ConCom, were there any negative actions brought against him.  Mr. Lambert stated no, or at least none he was aware of.

David Cole:  Mr. Cole stated that he has followed the Conservation Commission for a long time and he felt that by serving on the Estuaries Committee, it would be important for the Board of Health, Conservation Commission and the Estuaries to effectively coordinate on-coming issues.  Mr. Cole stated he felt that he could coordinate between the parties.  Mr. Coyne asked Mr. Cole if he saw a conflict in making decisions on the Conservation Commission and the Estuaries Committee.  Mr. Cole stated he did not because he is only one person on each committee and he would not be the deciding factor and if there was to be a conflict, he would simply recuse himself from voting; there are a lot of people in the same situation that you’re asking me about.  In addition to serving on the Estuaries Committee, Mr. Cole stated he is part of the Watershed Alliance and Fisherman’s Association.  As for education, Mr. Cole said he has studied the various parts of wastewater treatment systems and is looking to push the state towards these new systems. 

Mr. Vieira stated that the applicants here tonight are assets to the Town and he wished there were more openings.  Mr. Dutra noted that it was a shame that Ms. Gifford could not be here due to the fact that she has great credentials and excellent qualifications.

Motion made by Mr. Dutra to appoint David Cole to the Conservation Commission due to his background in wastewater systems and that will be an area the Town will be facing shortly.  Second by Mr. Ouellette.  The Board voted 2 in favor, 3-opposed (Coyne, Vieira, Spirlet). Motion fails.

Motion made by Coyne to appoint Richard Lambert to the Conservation Commission. Second by Mr. Vieira.  The Board voted 3 in favor, 2-opposed (Dutra, Ouellette).

Ø      Letters will be sent to the other applicants thanking them for their interest.

 

Westport Land Trust – RE: Conservation Restriction – Keefe Property – Pine Hill Road

The Land Trust requested this matter to be held until the next Board of Selectmen’s Meeting on November 14, 2011.

 

Question & Answer Period

1.      Gay Newcomer: commented that it was a welcome change to have the Selectmen’s meeting address the Q&A period.

2.      Betty Slade: asked if a decision had been made if the Town Building Evaluation Committee is subject to the Open Meeting Laws?

      Mr. Spirlet stated they would be subject to the OML and they must post onsite visits  

      and regular meetings and must take minutes.

 

 

Correspondence Requiring Action and / or Reading

1.      Mr. Healey noted that the Town has received over $89,000.00 in credits from MIIA Insurance this year.  No action was necessary.

2.      No action was taken.  This was a public hearing notice for New England Gas Company.

3.      No action was taken. This was a thank you letter from FTB Film Company for welcoming them into the Town to produce a film.

4.      No action was taken.  Mr. Spirlet announced there were still vacancies on the Long Term Planning Town Building Evaluation Committee.

5.      Motion made by Mr. Dutra to approve a “No Parking” area designated on Forge Road located along the frontage to property located at Assessor’s Map 28, Lot 11B.  Also, that the noise bylaw is adhered to and the proper signage is in place for customer and employee parking on the property.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

6.      No action was taken.  A copy of the Bristol County Mosquito Control Project notice will be forwarded to the Board of Health.

7.      Motion made by Mr. Dutra to accept the resignation of Stella Farias as Wellness Coordinator and to send a letter of thanks.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

8.      Motion made by Mr. Dutra that vacancy for Wellness Coordinator is posted among the Town employees and to be voted on at the Board of Selectmen’s meeting on November 14, 2011.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

9.      No action was taken.  This was a letter of support from the Conservation Commission for a proposed conservation restriction on the property known as Strawberry Fields. Mr. Vieira state there is a process taking place between the CPC and Trustees of Reservations on this property to preserve it; if this property is not preserved, it could potentially be developed. Negotiations are ongoing with the owners and the Town is being asked if they would like to partner with the Trustees on this matter. Mr. Dutra also noted that this property faces the proposed Lincoln Woods (the old Lincoln Park) and that is going to be a very dense development. 

10.  No action was taken.  This matter is regarding a letter received from Lino Rego, Commander of the James Morris Post #145 about flags being taken from Latessa Square.  Mr. Spirlet stated that Mr. Healey will look into getting some lighting on the  area, perhaps a more concentrated effort by the Police Dept. and of course, the neighbors in that area need to be more vigilant and when someone sees something, they need to notify the Police Dept.  Mr. Rego noted that the VSO is responsible for this area and should supply flags for it since they were taken.  Mr. Leboeuf, VSO stated he has checked the MGL and nowhere is it stated that he is responsible for this area but he is willing to accept any contributions to create a flag fund; at this time, his main concern is the budget and taking care of the needs of the Veterans, especially with many returning from Iraq and the flag situation will be secondary.  Mr. Healey stated he will contact Charles Tavares from NStar to work on a lighting solution for this area.

11.  No action was taken. This was an abutter notification from the Conservation Commission regarding a public hearing for 79 East Beach Road.

12.  The Ponds Committee will be invited to the Board of Selectmen’s meeting on November 14, 2011 to discuss the submitted report dated 10-24-11 regarding the Division of Fisheries and Wildlife letter of October 7, 2011.  The Board will do a possible onsite prior to meeting with the Ponds Committee.

 

Town Administrator’s Report

1.         Mr. Healey stated the Stormwater Report will be sent out tomorrow.

       Ms. Sheehan asked who should have filed the report and why was it late.  Mr. Spirlet

       stated it was the prior Town Administrator.

2.         Mr. Healey stated under stormwater management, the Route 177 DOT Drainage  

       Project has been started and the water was to be sent to the Bread & Cheese Brook;

       the water could be contaminated and contain nitrogen.  A meeting will take place  

       between Representative Schmid and Senator Rodrigues with MA DOT – Michael

       Delaney.  Mr. Healey stated he has written a letter to be hand-delivered at that

       meeting.  Mr. Vieira stated it is ironic, the Federal agency is fining us, while the

       State agency is conducting non-stormwater practices. 

3.         Mr. Healey stated the Board of Health has authorized the Town Administrator to

       move forward with an RFP for the solar project at the landfill.

4.         Mr. Healey stated he had a meeting with the CPC Chairman Warren Messier and he

       has spoken with Attorney Lauren Goldberg about the Oscar Palmer Farm Historic

       Preservation.  The issue is the proper procurement process.  It is recommended that

       the funds maybe expended for historic preservation providing the Board of

       Selectmen at the recommendation of the CPC enter into a grant agreement with the

       property owners.  If the property owners do not comply with the agreement, the

       Town then has recourse.  Mr. Healey provided the Board with a draft agreement.

       Motion made by Mr. Vieira to authorize the Town Administrator to work with the

       CPC Chairman on the grant agreement between the CPC, the Town and the property

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

       Mr. Spirlet asked if Attorney Goldberg could be contacted and asked if there was any

       money that could be taken from CPC for covering the administrative costs.  Mr.

       Healey stated this process will correct any prior actions that were done incorrectly;

       this is not a normal procurement.

 

Consider / Reconsider

1.  Special Town Meeting Warrant for December 6, 2011:

Ø      Article 1:  Motion made by Mr. Vieira to approve Article 1 as submitted in the amount of $118,400.00. Second by Mr. Coyne.  The Board voted unanimously in favor.

Ø      Article 2:  Motion made by Mr. Vieira to amend by inserting “From Free Cash” and to approve amended Article 2 in the amount of $79,727.29.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Ø      Article 3:  Motion made by Mr. Vieira to amend by inserting “and further to determine whether this appropriation shall be raised by borrowing or otherwise, and/or take any other action relative thereto and to approve amended Article 3 in the amount of $110,760.00.  Second by Mr. Coyne.  The Board voted unanimously in favor.

Ø      Article 4:  Motion made by Mr. Dutra to approve Article 4 as submitted in the amount of $9,500.00.  Second by Mr. Vieira.  The Board voted unanimously in favor.

Ø      Article 5:  Motion made by Mr. Vieira to approve Article 5 as submitted in the amount of $ 61,035.98.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Ø      Article 6:  Motion made by Mr. Dutra to approve Article 6 as submitted, with Mr. Healey working with the Beach Committee on agreeing to a cap of $100,000.00.  Second by Mr. Vieira.  The Board voted unanimously in favor.

Ø      Article 7:  Motion made by Mr. Vieira to amend by removing “money” and inserting “$ 3.2 million” and to approve amended Article 7.  Second by Mr. Dutra.  The Board voted unanimously in favor.

Ø      Article 8:  Motion made by Mr. Vieira to not include Article 8 but perhaps to include this article at a future Special Town Meeting prior to the Annual Town Meeting; due to the fact that there is not enough time to get this article finalized.  Second by Mr. Dutra.  The Board voted unanimously in favor.

Ø      Motion made by Mr. Vieira to consider an article to transfer $250,000.00 from Free Cash to the Stabilization Fund.  Second by Mr. Dutra.  The Board voted 3 in favor, 2-opposed (Dutra, Ouellette).  Motion is passed.

2.  The Board agreed with the request from Kopelman & Paige that a reimbursement of

     $2,000.00 should be applied to the Town’s current bill.

3.  Motion made by Mr. Ouellette to approve the Regular Meeting Minutes of                       

     September 19, 2011. Second by Mr. Coyne.  The Board voted 4 in favor, 1-abstention

     (Dutra).

     Motion made by Mr. Ouellette to approve the Regular Meeting Minutes of                  

     October 3, 2011.  Second by Mr. Dutra.  The Board voted unanimously in favor.

4.  Motion made by Mr. Ouellette to approve a One-Day Liquor License for Wine &

     Malt Beverages for the Paquachuck Inn on Friday, November 11, 2011 from 7:00 PM

     to 12:00 AM for their Dinner Club subject to the conditions set forth by the Board of

     Health.  Second by Mr. Dutra.  The Board voted unanimously in favor.

 

Other Issues

1.  Mr. Vieira mentioned the passing of Jean Parsons, a former school teacher in Town;

     extending sympathies to her family.

2.  Mr. Spirlet stated he spoke with the Fire Chief and the reimbursement from damages

     caused by Hurricane Irene will be coming.

3.  Mr. Spirlet stated the Town Moderator made the warrant articles public without the

     articles being reviewed by the Board of Selectmen.  Mr. Ouellette noted that staff

     should not have released them.  Mr. Spirlet noted the articles will be given to the

     Finance Committee at least six weeks, when the bylaw calls for four weeks, so there

     will be plenty of time to get the information out there.

4.  Mr. Ouellette asked if Mr. Healey could look into getting three separate flag poles for

     the front of the Town Hall in order to hold three separate flags.  Also, the Town Hall

     sign is falling apart again; it needs to be taken care of.

5.  Mr. Ouellette asked for a street light survey.

6.  Mr. Ouellette reminded Mr. Healey that audits needed to be done within the

     departments; this seems to have fallen to the wayside.

 

Executive Session – 9:35 PM – RE: Negotiations Update with Attorney Brian Maser – Approval of Executive Session Minutes of September 19, 2011 – Pending Litigation

Motion made by Mr. Ouellette to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss negotiations, to approve Executive Session minutes of September 19, 2001 and to discuss pending litigation. Second by Mr. Dutra.  The Board voted unanimously in favor.

 

Roll Call Vote:  Mr. Ouellette-aye.  Mr. Dutra-aye.  Mr. Coyne-aye.  Mr. Vieira-aye. 

Mr. Spirlet-aye.

 

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

 

Open Session – 10:40 PM

Motion made by Mr. Ouellette to adjourn the Board of Selectmen Meeting at 10:40 PM.  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 Jr., Clerk