Westport News

BOARD OF SELECTMEN

REGULAR MEETING MINUTES

MONDAY

NOVEMBER 28, 2011

 

Members Present:                 Richard M. Spirlet, Chairman

                                                                Craig J. Dutra, Vice Chairman

                                                Steven J. Ouellette

                        Antone C. Vieira Jr.

Also present:                          John F. Healey, Interim Town Administrator

Absent:                                   James W. Coyne Jr.

 

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.

 

Citation – RE: Home Depot – Team Depot

The Board of Selectmen presented a citation to Team Depot Captain Donna Jacques of the Dartmouth Home Depot for a donation of home improvements made to a Westport Veteran.

 

Planning Board / Town Planner – RE: Affordable Housing Trust / Housing Partnership Committee – Sub Committee for Housing Production Plan

Present: Town Planner Sarah Raposa, AHT/HPC Chairperson Catherine Williams, SRPEDD Consultant Sandy Conaty.  The Housing Production Plan was presented to the Board.  It encompassed that there are 6,417 year-round houses; that calls for 10% or 641 affordable units.  The affordability gap is $134,000.00.  The median income is $62,761.00; so, 109 families are below poverty level, with half of the household heads being female; and there are approximately 716 individuals living below poverty level in this town.  The population for 2010 was 15,532.  The Town of Westport has a shifting population; the Town is getting older and there are changes to the household makeup. There is a need for more elderly housing; smaller size dwellings; year-round rental units and additional affordable housing.  Currently, there are 224 units in Town, the Town’s requirement is 641; this shows the need.  The Affordable Housing Trust / Housing Partnership Committee will be sending a draft of the Housing Production Plan to the Planning Board, then once it is complete there, it will come to the Board of Selectmen and then finally forwarded to the DHCD.  This was to help everyone to understand the need for affordable housing in Westport.  After the presentation, anyone with questions can contact the Housing Specialist Leonardi Aray or Sarah Raposa.

Following the presentation, Mr. Vieira stated there was no mention of jobs; people can’t afford to stay in Town without a job and he was not sure that the assumption of affordable housing would cure this.  Mr. Dutra stated that demographics were looked at and there are a lot of people working that are in the affordable gap.  This plan is crafted around the people living here now, not those wanting to live here; some of the people here now are sharing living space.  Mr. Vieira stated that a city and town will always have different demographics; he applauds the committee and Mr. Dutra for this but he does not see the same type of planning from people graduating, etc.  Mr. Ouellette stated that obviously, more friendly affordable housing would go to older people.  Mr. Spirlet asked if a person who has lived here all their life but now is having a tough time staying in their homes, could there be an affordable restriction placed on their deed.  Ms. Conaty stated it is worth looking into but usually, it is not done on existing housing; there may have to be a deed restriction placed and then someone to watch over the process.  Many towns use tax-title property to increase their affordable inventory.  Ms. Ostroff noted this report has been posted online for anyone to view.  The Board thanked everyone for their efforts on this matter.

 

Public Hearing – RE: The application request of Collins Construction Co., Inc. – James H. Collins for a permit to locate a temporary office trailer on a construction site located on Main Road.  The project site is known on Assessor’s Map-77, Lots 27 & 28B

The public hearing was opened at 6:36 PM.  Present: Mr. Collins.  Abutters:  Sybil Burba, 13 Village Way.  The trailer will be used as construction office while the new Citizens Union Savings Bank is being built.  The Board of Health has signed off on this.  It will be a temporary trailer. Ms. Burba questioned where the trailer would be located.  Mr. Collins stated it would be at the front of the lot. 

Motion made by Mr. Dutra to approve a temporary trailer permit for use as a construction office by Collins Construction Co., Inc. on Main Road-Citizens Union Bank construction site.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-absent (Coyne).   The public hearing is closed at 6:39 PM.

 

Public Hearing – RE: As required under MGL Chapter 40, Section 56 regarding the percentage of local tax levy to be borne by each class of property for the FY ‘13

The public hearing was opened at 6:39 PM.  Present:  Assessors Robert Grillo, Steve Medeiros and Jack McDermott.  Mr. Medeiros stated that New Growth was $176,642.00; the values are slightly down and a 1.75% shift is allowed.  The Assessors are recommending a single rate again - $7.05 single rate.  Mr. Wayne Sunderland stated Westport is not unique; we need to look at the rest of the country and assess sales. Mr. Cole noted that there were overrides in 1993 & 1994 but none since. 

Motion made by Mr. Vieira to approve of a single-rate based on the Board of Assessors’ recommendations; the rate will be approximately $7.05.  Second by Mr. Dutra.  The Board voted 4 in favor, 1-absent (Coyne).  The public hearing was closed at 6:46 PM.

 

Community Preservation Committee / Marinone & Anderson – RE: Community Preservation Act Grant Agreement for Laurie Marinone and Norman Anderson regarding the Oscar Palmer Farm

Mr. Healey stated an agreement has finally been reached regarding the Oscar Palmer Farm. 

Motion made by Mr. Vieira to approve the Community Preservation Act Grant Agreement for Laurie Marinone and Norman Anderson regarding the Oscar Palmer Farm.  Second by Mr. Dutra.  The Board voted 4 in favor, 1-absent (Coyne).

 

Energy Committee – RE: Report and Recommendation from MassCEC and Atlantic Design

At this time, Fr. Hindsley, St. John the Baptist Church presented a petition to the Board of Selectmen from his parishioners to abandon the 400 ft. wind turbine.  The concerns were for aesthetics and human health conditions.  Fr. Hindsley stated his parishioners are not opposed to a scaled-down wind turbine.

Also, Anne Barnes presented a petition containing 645 signatures to the Board of Selectmen asking the BOS and the Energy Committee to consider their opposition to the wind turbine.

Mr. Vieira stated there is a report from Simon Thomas of Atlantic Design and as of last week, his recommendation is a 1.5 turbine should not be looked at but perhaps a 750 model.  MassCEC does not recommend the 750 but abutters concerns were taken into consideration at the Energy Committee meeting.  The Energy Committee will look into other sites and options.  The landfill was a prior consideration for a site and now solar options can be looked.  The Energy Committee is trying to fulfill what two prior Town Meetings voted on.  The Energy Committee will be coming to the Board of Selectmen for direction after their meeting on Tuesday.  There are many issues that will need to be addressed, depending on noise, zoning, etc.  The final report will be out on Tuesday and MassCEC will be posting it on their website.  The Town will receive a hard copy.  At this time, Mr. Vieira stated the Planning Board has not weighed in on this due to zoning issues; and the Energy Committee will not act.  Mr. Spirlet stated that in two weeks, the Energy Committee should come back with their recommendations.  Mr. Vieira stated the Energy Committee has had public hearings as part of the process.  Mr. Dutra stated the Board has a proposal from the Town Administrator for a solar project and he would like the Energy Committee to come forward with their presentation and recommendations on this matter.  Mr. Vieira stated the Energy Committee has talked about solar and wind in this Town; the Energy Committee will take a vote on the report tomorrow.  We are just trying to get the information out there as soon as we get it.  Mr. Ouellette stated the facts from Brayton Point need to be considered.  Mr. Vieira asked Mr. Ouellette if he would like to attend an Energy Committee meeting.  Mr. Spirlet stated this is just an update to let the Board members know where the Energy Committee is at.

 

Question and Answer Period

1.      Elaine Ostroff asked what is the status of the Town’s review of Health Insurance options for municipal employees.  Ms. Ostroff was referred to the Treasurer’s Office.

2.      Elizabeth Collins asked how big the report to the Energy Committee was.  Mr. Vieira stated that with graphics, approximately 175 pages.  Ms. Collins asked if the Committee had considered putting the report on disc for anyone to view.  Mr. Vieira stated yes.

 

Correspondence Requiring Action and/or Reading

1.      Motion made by Mr. Dutra to appoint Robert R. Rebello as a Contract Rep. to the Long-Term Planning Town Building Evaluation Committee.  Second by Mr. Vieira.  The Board voted 4 in favor, 1-absent (Coyne).  Mr. Rebello was present and interviewed.

2.      Motion made by Mr. Vieira to appoint William Gifford as an Engineer Rep. to the Long-Term Planning Town Building Evaluation Committee.  Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Coyne).  Mr. Gifford was present and interviewed.

3.      Motion made by Mr. Dutra to appoint Simonne Conlon to the Central Village Public Improvements Committee.  Second by Mr. Vieira.  The Board voted 4 in favor, 1-absent (Coyne).   Ms. Conlon was present and interviewed.

4.      No action was necessary.

5.      Motion made by Mr. Vieira to support HR 1718 – US Cadet Nurse Corps Equity Act as recommended by Veterans Agent LeBoeuf.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-absent (Coyne).

6.      No action was taken.  The Board may consider changing the makeup of the committee at Town Meeting.

7.      Motion made by Mr. Vieira to appoint Heather Salva as a Regular Member to the Zoning Board of Appeals.  Second by Mr. Spirlet.  The Board voted 3 in favor, 1-absent (Coyne) and 1-abstained (Dutra).

8.      The Board requested that the link to the DCR regarding the Draft Resource Management Plan for Horseneck Beach State Reservation and Demarest Lloyd Memorial State Park be posted on the website and cable scroll.  No action taken.

9.      The Board requested that copies of a notice from MMA regarding “Made in Massachusetts” be forwarded to the Fishermen’s Association, Agricultural Commission and the SE MA Agricultural Partnership.  No action taken.

10.  Mr. Dutra stated that after reviewing this new piece of the Open Meeting Law pertaining to remote access, the Board will need to vote to accept this.  Before any committee, board or commission can use this, it does have to be accepted by the Board of Selectmen.  The Board needs to look into the cost and then who is able to use this.  No action was taken at this time.  An email will be forwarded to all the departments regarding this matter.

11.  No action was taken.

12.  Motion made by Mr. Dutra to approve the request of Max Performance for their annual Triathlon based upon the recommendations of the Police Department.  There will be no riding in packs.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-absent (Coyne).  The information will be placed on the website.

13.  Mr. Healey stated he and Police Chief Pelletier met with Cardi’s Representative, Bernie, and talked about alternatives and then went to Ms. Cram and let her know that her complaint was being acted upon.   Mr. Healey stated that Cardi’s had already been to the Police Department and delivered a key for access.  Mr. Ouellette noted that before checking the access being used off of Reed Road, there is private property owned by Mr. Camara, who has given permission to use this area.

14.  A copy of a letter received from Savannah Haines will be forwarded to the Conservation Commission regarding the Angeline Brook.

 

Town Administrator’s Report

1.      This matter will be addressed in Executive Session.

2.      Motion made by Mr. Ouellette to forward a draft RFP for the solar farm project to the Board of Health and the Energy Committee. Second by Mr. Dutra. The Board voted 4 in favor, 1-absent (Coyne).

3.      Motion made by Mr. Dutra to approve the recommendations of the Community Development Advisory Committee (see attached).  Second by Mr. Ouellette.  .  The Board voted 4 in favor, 1-absent (Coyne).

4.      Motion made by Mr. Dutra to approve awarding the bid for the Town Hall floors to CJM Services, Inc. in the amount of $34,900.00.  Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Coyne).   Mr. Healey stated that most of the work will be done at night and on the weekends; there is a concern as to who will be overseeing this.  The Board will have to figure something out because Mr. Messier has expressed concern over a project manager; and stated that interim payments will be based on performance.

5.      Motion made by Mr. Dutra to allow for deficit spending by the Highway Department in the Snow & Ice Budget.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-absent (Coyne).

 

Consider / Reconsider

1.      Motion made by Mr. Dutra to place the letters received from the ABCC regarding liquor law violations by Oriental Pearl, Lees Supermarket and Bittersweet Restaurant in their permanent file and to send letters to the establishments reminding them of the abeyance being allowed by the ABCC.  Second by Mr. Vieira.  The Board voted 4 in favor, 1-absent (Coyne).

2.      Motion made by Mr. Dutra to approve support of the E-Gov solution as part of the CIC program and to allow the Town Administrator to help in getting other Department Heads involved also.  Second by Mr. Ouellette.  The Board voted 4 in favor, 1-absent (Coyne).

 

Other Issues

1.      Mr. Vieira stated the Planning Board position on the wind turbine project according to the Town Planner is that it is an allowable use (Hix Bridge location); the landfill (not sure of the location-no comment); and changes to the zoning laws would need to go to Town Meeting.

2.      Mr. Vieira noted the proposal for Noquochoke Village was on the Town’s website and questioned the property line (visual and barrier) being very close to the abutters.

3.      Mr. Ouellette stated a clarification of the benefits for the Animal Control Officer was needed.  Mr. Healey stated it is a part-time, salaried position; the prior and the present will receive benefits.  On Thursday night, Mr. Healey stated he will be meeting with the Board of Health and the Personnel Board on this matter. 

4.      Mr. Spirlet stated he was asked who sets the agenda.  Mr. Spirlet stated the Chairman of the Board of Selectmen sets the agenda.  The majority of the agenda is handled through the Town Administrator or the BOS Confidential Clerk.  Normally items can be resolved through the Mr. Healey or Ms. Pelland, but if they can’t be resolved, they can be brought to the Board by way of the agenda.

 

Executive Session – 8:43 PM

Motion made by Mr. Dutra to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss  pending negotiations (POWA) and negotiations regarding the EMI Agreement. Second by Mr. Ouellette. The Board voted 4 in favor, 1-absent (Coyne).

 

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

 

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

 

Open Session – 9:25 PM

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 9:25 PM.  Second by Mr. Dutra.  The Board voted 4 in favor, 1-absent (Coyne).

 

Adjournment.

 

                                                            Respectfully submitted,

 

 

                                                            Diane Pelland, Confidential Clerk

                                                            To the Board of Selectmen

 

                                    APPROVED:                                                             

                                                            Richard M. Spirlet, Chairman