AGENDA

BOARD OF SELECTMEN

REGULAR MEETING

MONDAY

FEBRUARY 06, 2012

  5:30 PM          Executive Session

                                    1.  To discuss strategy regarding security devices.

                                    2.  To discuss strategy with respect to collective bargaining.

                                    3.  Approval of Executive Session Minutes of January 9, 2012.

6:00 PM          Verizon / NStar- RE: Public hearing on a request to place one new pole #41 / 241 ½ on Main Road.

6:10 PM          Appointments

                                    1.  Republican Poll Worker – Jodi Sullivan, 610 Gifford Road.

                                    2.  BOS representative to the School Committee – Building Sub-Committee.

6:15 PM          Discussion – Budgets

                                    RE: Police Department and School Department.

7:00 PM          Discussion

                                    RE:  Proposed Ballot Article for April 2012 Town Election Ballot.

 Question and Answer Period

Correspondence Requiring Action and/or Reading

1. A resignation letter was received from Donna M. Lubell from the Westport Historical Commission.
2. A letter was received Westport Affordable Housing Trust Fund regarding the “Status of Trust”.
3. A letter was received from the Westport Historical Commission regarding plans for Restoration and Preservation of Town Farm – South Apartment.
4. A notice was received from the Massachusetts Emergency Management Agency regarding Certification of the South Coast REPC.

 Town Administrator’s Report

1.  Approval of the Estuary Report Peer Review Agreement.

2.  Approval of application for Constable-Civil Process Only appointment.

3.  Approval of Regular Meeting Minutes of June 27, 2011, August 8, 2011 and

      January 9, 2012.

4.  Warrant Articles received.

Other Issues

Adjournment

Westport Finance Committee

Meeting Agenda

February 7, 2012

Westport Town Hall

Budgets:

1. Board of Health 511                 (30 minutes)

2. Transfer Station 433                 (20 minutes)   

3. Animal Control Officer 292        (10 minutes)     

4. Cemetery 491                          (30 minutes)

5. Shellfish 297                           (20 minutes)

6. Wharfinger 296                        (10 minutes)

9:00 p.m. Questions and Answers

 Correspondence

 Minutes

9:30 p.m. Adjourn

**TIMES ARE TENTATIVE AND SUBJECT TO CHANGE.

Pursuant to the provisions of MGL 40A §5 and Article 2.1 of the Westport Zoning Bylaws, the Westport Planning Board will hold a public hearing on Tuesday, February 28, 2012 at 7:00 p.m. at the Town Hall Annex, 856 Main Road Westport. The purpose of the hearing is to accept public comments on the following proposed amendments to the Town of Westport Zoning By-laws:

Item 1. To create a new Westport Zoning By-law Article 22, Science & Technology Overlay District (STOD) Special Permit, to allow better utilization of land adjacent to the Route 6 and 88 interchange, assure attractive and efficient arrangement of office and research buildings and the harmonious integration of the uses allowed in this district into the surrounding neighborhood and the community at large. The intent is to: encourage the permanent preservation of open space, forestry lands, wildlife habitat, aquifers, wetlands and water bodies; minimize the total amount of disturbance on the site by sensitive siting of buildings and parking; protect drinking water and surface water quality; protect adjacent residential property values through completely buffering the high quality office and research uses; minimize traffic impacts in residential areas and mitigate impacts to the road network; maximize energy conservation and harvesting and promote net-zero impact development within development.

Item 2. To amend Section 1. Definitions of the Westport Zoning By-laws by adding definitions relevant to the Science & Technology Overlay District, in the appropriate alphabetical order.

Item 3. To amend Section 2.6 Administration of the Westport Zoning By-laws by designating the Planning Board as the Special Permit Granting Authority for the Science & Technology Overlay District.

Item 4. To amend the Table of Use Regulations by adding the permitted uses as described in Article 22 for the Science and Technology Overlay District.

Item 5. To amend Article 3 Establishment of Districts by adding to Section 3.0 Types of Districts “I. Science & Technology Overlay District.”

Item 6. To amend Article 3.1 Location of Districts by adding after 3.1.H the following “3.1.I Science & Technology Overlay District: the portion of the Town as described in the following assessor’s parcels as of September 2011 (Map & Lot)  14-29; 14-25 & 26; 14-30; 14-30 A; 14-34; 14-31; 14-33 C & D; 14-25 A & 33 B; 14-33; 14-32, 33 A; 14-20 E; 14-20 A, 14-20 C & 20 D; 14-20; 23-2; 14-29 B; 14-29 C & E; 14-29 D; 23-2 A; 23-1; 17-42, 57, 84; 17-43, 44; 17-3; 17-2; 14-25 C; 23-36; 23-38 A & B; 23-78; 23-4; 23-3; 17-243 & 249; 17-440-444; 17-634; 17-634 A; 23-57; 23-46; 23-5; 23-39; 23-40; 23-22 A, B, C.

Item 7. To amend Article 4.0 Use and Regulations by adding after Section 4.0.8, the Section 4.0.9 as “4.0.9 Science and Technology Overlay District (STOD) See Article 22.”

Item 8. To amend the Town of Westport Zoning Map to reflect this change.

Item 9. To create a new Westport Zoning By-law Article 23, Flexible Frontage, to encourage reduction in potential residential development density, reduce future vehicular trips, road congestion, demand for public services and the number of curb cuts onto Town roadways; preserve the natural and cultural resources visible along these roadways; facilitate the movement of wildlife; protect traditional access to “backland” open space; and improve the design and site planning of smaller residential neighborhoods; by approval from the Planning Board.

Item 10. To amend Article 21.2.1 and 21.3 to allow three lots (instead of two) to share a common driveway under the flexible frontage bylaw.

Item 11. To amend Article 4 to allow detached accessory apartments/ dwelling units by right.

A copy of the proposed amendments are on file with the Town Clerk’s office, Town Hall, and Planning Board at the Town Hall Annex and may be inspected there during regular business hours or on our website on-line at www.westport-ma.gov/planning.  (**NOTE**To view the Zoning By-law proposed amendments for the Annual Town Meeting 2012 in their entirety CLICK HERE to download the 25 page PDF file.)

John Montano, Chairman

Westport Planning Board

February 8 and February 15, 2012

To view the Westport Council on Aging

Activities and Events Calendar for February 2012 click on the link below.

Download file

To view the latest edition of the Westport Council On Aging Evergreen for

February 2012 click on the link below.

Download file

Board of Selectmen

Meeting Agenda for 

Monday

January 23, 2012

5:30 PM

5:30 PM  Executive Session

                  1.  Union Negotiations – Town Hall. 

                  2.  Update on Police Negotiations.                                                       

                3.  Approval of Executive Session Minutes of December 12, 2011 and

                      December 27, 2011.

6:00 PM  Charter Communications - RE:  A public hearing for a Cable

                  Television License under MGL c.166A – the purpose of the public

                  hearing will be to determine whether to issue a cable television to

                  Charter Communications.

6:30 PM  Precision Auto Group, LLC - RE: Continued public hearing on an

                 application request for a Class II Motor Vehicle License by Precision

                 Auto Group, LLC – Frederick Preece, Jr. to be located at 939 State

                 Road, Westport, MA.

6:35 PM  Al Lees - RE:  Request for renewal of Shellfish Aquaculture License.

6:45 PM  Henry’s Diesel Performance Plus, Inc. - RE:  A public hearing on an

                 application request for a Class II Motor Vehicle License by Henry’s

                 Diesel Performance Plus, Inc., 867 State Road, Westport, MA –

                 Henry R. Majewski, Jr.

7:00 PM  PD Foods, Inc. d/b/a Portas da Cidade  -        RE:  A public hearing on

                an application request for an alteration of premises for PD Foods, Inc.

                d/b/a Portas da Cidade, 231 State Road, Westport, MA – Nuno Chitas,

                Manager to construct an outdoor patio of approximately 646 sq.ft.

7:15 PM  Appointment Request

                  1. Westport Affordable Housing Trust – James P. Sabra.

                  2. Energy Committee – Tony Connors.

Question and Answer Period 

Correspondence Requiring Action and/or Reading

Town Administrator’s Report

Consider / Reconsider

1.  Request from Shellfish Constable for designation of a Recreational

      Shellfishing area. 

2.  Approval of Presidential Primary Warrant for March 6, 2012.

3.  Approval of Regular Meeting Minutes of December 12, 2011 and

     December 27, 2011.

Other Issues

Adjournment

BOARD OF SELECTMEN

SPECIAL MEETING MINUTES

FRIDAY

OCTOBER 21, 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 4:00 P.M. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.

Joint Meeting with the Finance Committee and the School Committee in order to review the Special Town Meeting warrant articles

Present for the joint meeting were:  Town Treasurer George Foster; Finance Committee members Hugh Morton, Warren Messier, John Miller and Mark Carney; School Committee members Michael Sullivan, Antonio Viveiros and James Bernard and School Superintendent Carlos Colley.

Mr. Spirlet stated the purpose of this joint meeting was to discuss the $3 million removal of PCB’s from the Westport Middle School.

Motion made by Mr. Dutra that the Board of Selectmen rescinds the vote for Special Town Meeting on November 8, 2011 and to rescind the vote for the Debt Exclusion vote on December 13, 2011.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

Mr. Spirlet stated there are a lot of bills associated with this matter and there is limited cash so there is an option on the table to bond the $3 million over a 10-year period and this would not require a Special Town Meeting or a ballot vote and it can be done at the Annual Town Meeting.  Mr. Dutra stated that if we can’t get a debt exclusion, we are going to have to borrow and it will be paid out of operating expenses.  Mr. Healey stated there was a meeting with himself, the Superintendent, the Town’s financial advisors and Lisa Dickinson from UNI Bank, who is the Town’s Financial Advisor; this procedure was suggested by Ms. Dickinson.  Mr. Colley stated the bills for the PCB clean-up are estimated at $3 million but he is suggesting $3.1 million to include a study to finish the remediation of the remaining PCB problem.  Tiles, stairwells, walls between rooms, loading dock area and all windows still need to be remediated; the contaminated materials also have to be removed and there is still the remediation or encapsulation of the brick around the windows, 70,000 sq.ft of ceiling matter and the soil under the windows around the building.  Dr. Colley suggested paying the bills and adding a little money to cover the study because he and no one on the School Committee are experts on this type of thing. Dr. Colley stated this is a short-term solution to allow the school to function but a long-term plan is needed.  Massachusetts School Building Authority will not consider building a new school only an expansion or to redo the whole entire Middle School.  The cost so far is not the caulking, it is everything else.  The windows are contaminated and they need to be removed.  The MA School Building Authority is willing and agreed already to funding 46% of the replacement cost of the windows; once we do this, the Town has to agree to keep the school as a school for the next 50 years; Dr. Colley did not want to tie the Town into such a deal.  Dr. Colley stated that if the Town decided to keep this school, everything needs to be looked at.

Mr. Spirlet stated tonight, we need to look at making a decision of how to pay the $3 million dollars.

Mr. Foster stated that short-term borrowing would cost $60,000.00 and could be budgeted into the FY ’13 for one year and then the nine-year long term bond would be $400,000.00 per year for debt service.

Mr. Morton stated we are looking at a decision of whether to do a short-term/long-term debt or committing the school for 50 years.  Mr. Morton asked about the Middle School in terms of space.  Dr. Colley stated the High School and Macomber School both have space to accommodate the Middle School students each with a small expansion.

Mr. Bernard stated he had a concern over the bonding with the idea of rolling it over in an override that could fail; then the School Budget takes the hit for the next nine years.

Mr. Vieira asked what the student enrollment was; also, in regards to the short-term needs right now, the Superintendent says that he can’t meet payroll and contracts are not being honored, this could be a liability to the Town.  As for a February meeting, it makes no sense and we should follow the bylaw.  We should do a short-term borrowing and absorb it into the School Budget.  Mr. Bernard stated that the number of students enrolled is 1,691; Macomber has 241, Elementary has 509, Middle School has 486 and the High School has 455.  This figure does not include one classroom of head start (non-resident) students.

Mr. Vieira suggested that a 30-day period be identified with proper language to go forward to make sure bills are met.  Mr. Vieira stated that everyone must understand, it won’t be easy but this is the School’s problem and the Schools need to absorb it. 

Mr. Morton agreed with Mr. Vieira.  Short-term borrowing takes care of the immediate problem and the School Budget is the appropriate place; short-term borrowing limit as opposed to Town Meeting authorized borrowing.

Mr. Foster stated the DOR says they won’t authorize short-term borrowing.

Mr. Morton stated that a Special Town Meeting is needed and a debt exclusion vote is needed; people will need to know this is what is happening and that it is necessary.

Mr. Spirlet stated this needs to be sold to the people and perhaps a power point could be used.  Mr. Vieira stated this is a short-term and long-term strategy for the Schools and should be given guidance by the Schools, who should take the lead on this.  Remember, bills need to be paid and we need a Special Town Meeting to deal with this issue.  We will rely on the School Committee to take the lead for the language for the ballot.

Mr. Morton stated that Special Town Meeting will pay for the short-term problem but a long-term solution has to be found before Annual Town Meeting.  Mr. Sullivan asked if the cost of the short-term borrowing will be carried to the FY’13.  Mr. Vieira stated yes.  Mr. Sullivan clarified that $400,000.00 per year will go to the School Budget and then an override for long-term will be sought; if it fails, the burden goes to the School.  Mr. Spirlet stated yes.  Mr. Vieira stated that short-term is less than $400,000.00; and yes it should come out of the School Budget, there is little wiggle room in a $15 million budget.  For long-term, there is a lot that needs to happen; the School needs to take the lead, they need to come forward and provide the information necessary.  Mr. Dutra stated the Board of Selectmen and the Finance Committee can’t commit to anything that the Town Meeting votes on.  Mr. Dutra suggested that tonight a vote on the Special Town Meeting was needed and then work has to be done aggressively on the long-term.  Mr. Ouellette stated that he would be abstaining from voting due to a family member, his wife, being an employee of the School Department.

Mr. Morton cautioned about the word usage; people are not easy with an override.

Motion made by Mr. Dutra to approve a $3.1 million short-term borrowing by the Treasurer. Second by Mr. Vieira.  The Board voted 4 in favor, 1-abstention (Ouellette).

Dr. Colley stated that by including the additional $100,000.00 for the cost of the study, it is better to float a bigger bond rather than two smaller ones.

Motion made by Mr. Vieira that the wording for the article on the Special Town Meeting Warrant for December 6, 20011 be as follows:  To see if the Town will vote to appropriate a sum of money to pay costs of environmental remediation at the Westport Middle School, including the payment of all costs incidental and related thereto; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.  Second by Mr. Coyne.  The Board voted unanimously in favor.

Mr. Vieira stated this authorizes the Treasurer to seek borrowing and will allow the School’s bills to be paid; then the School Committee will be open to pursue this and it could be rolled into an Annual Town Meeting.  Mr. Spirlet stated that with a Special Town Meeting, within 35 days, there must be a ballot vote; by doing this, no Special Election will be needed.

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 4:45 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, Clerk

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

BOARD OF SELECTMEN

REGULAR MEETING MINUTES

MONDAY

NOVEMBER 14, 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.

Citation - RE: Presentation to Dr. Callen

The Board issued a citation to Dr. Callen and Prima Care for supplying to the Town Nurse 360 doses of flu vaccine that were cut from the state allotment. Dr. Callen was present to accept.

Public Hearing – Fee Increase request from the Fire Department

The public hearing was opened at 6:04 PM.  Fire Chief Brian Legendre was present.  Chief Legendre stated the request was for an increase of eight base rates for Ambulance Fees; all increases are $100.00 over what the present fee is.  This fee is for transports.  Chief Legendre stated this increase would put Westport inline with neighboring communities.  The fees collected go into the General Fund once the Enterprise Fund reaches $110,000.00.

Motion made by Mr. Dutra to approve the fee increase request as submitted by Chief Legendre.  Second by Mr. Vieira.  The Board voted unanimously in favor.

The hearing is closed at 6:08 PM.

At this time, Ms. Sybil Burba recognized the Westport Fire Department for their service to the community.

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

Present:  Chris Detwiller and Lucy Keefe.  Ms. Keefe stated the area to be accepted is the central upland section of the former Boy Scout Camp Noquochoke.  Ms. Keefe then read an excerpt from “From the woods to the water”. Ms. Keefe stated that by accepting this restriction it will ensure future generations an opportunity to bond with nature.  Mr. Detwiller stated there is a public benefit in the protection of water quality, open space and recreational plans with critical natural landscapes for special protection of certain species.  Mr. Vieira asked why not include public access all at once since Ms. Keefe is comfortable with this.  Ms. Keefe stated that she was holding on that idea due to tax purposes.  Mr. Spirlet asked if this had been reviewed by Town Counsel.  Mr. Detwiller stated no because the holders of the Conservation Restriction is the owners of the property and not the Land Trust.  Mr. Coyne stated that no funding from the Town is being used on this.  Ms. Keefe stated that she has no objections to its use as long as there are no motorized vehicles; hikers are always welcomed.  Mr. Vieira stated that initially, the tax benefits are to the owner and then it is up to the owner to file an abatement with the Assessors; eventually, in most cases, it is signed over to the Land Trust and then the property will be off the tax roles.  Over time, the taxes on the property will be reduced until there are no more taxes.

Motion made by Mr. Vieira to support the Conservation Restriction and also to request that the landowner and the trustees of the Land Trust, within six months or so, come back to the Board with a committed plan for public use of the property. Second by Mr. Coyne.  The Board voted unanimously in favor.

Ponds Committee – RE: Report on the Division of Fisheries and Wildlife report

Present were Claude Ledoux, William Burns and William Gifford.  Mr. Ledoux gave a recap of the letter submitted on October 28, 2011.  Mr. Ledoux stated the Division of Fisheries and Wildlife have offered the assistance of their biologists and now the Ponds Committee is asking the Board of Selectmen to consider accepting this assistance. Mr. Ouellette stated he was waiting for the report from the Division of Fisheries and Wildlife.  Mr. Ledoux stated it was submitted by email to the BOS Office; the help being offered is at no cost and this will help in deciding if the Mill Pond proposal is feasible.  Mr. Ouellette stated he would like an onsite with the Division of Fisheries and Wildlife, the Ponds Committee, the Estuaries Committee and the Selectmen in order to view what is being proposed.  Mr. Dutra stated another piece of this puzzle is the Estuaries Report.  Mr. Dutra agreed with Mr. Ouellette, once we are given this report, the more we will understand this and then we can take the offer of the Division of Wildlife and Fisheries. 

Motion made by Mr. Vieira to move forward with this request.  No second was received.

Mr. Gifford stated in order for the Board of Selectmen to make a decision, all of the information needs to be put together from the Ponds and Estuaries Committees and the facts need to be reviewed before making a decision. 

Motion made by Mr. Ouellette that an onsite be conducted by the BOS along with the Ponds and Estuaries Committees and the Division of Wildlife and Fisheries to view what is being proposed. Second by Mr. Dutra.  The Board voted unanimously in favor.

Mr. Ledoux stated he would contact the DWF and make arrangements for a date and time. This meeting will continue again once an onsite is completed.

Personnel Board – RE: Appointment compliance letters and Certification Status of Data Base

Eileen Sheehan was present.  The Board reviewed the letters of appointment to committee appointees and letters to employees regarding the compliance with the Open Meeting Law and the Conflict of Interest Law. The letters also provide instructions on how and when this needs to be done and it reminds the appointees that they must be sworn in by the Town Clerk.  Ms. Sheehan thanked Denise Bouchard for providing the list of employees and non-employees.  Mr. Dutra stated the Town needs to take responsibility for distributing the materials to the appointees; while being sworn in, the Town Clerk can supply the material.  Mr. Spirlet stated that the appointee is now forced to go online and read all the information before getting the certificate; once they have the certificate they must sign it and file it with the Selectmen’s Office and then while they are here, they can be sworn in by the Town Clerk. 

Ms. Sheehan stated that back on May 16^th, the Personnel Board asked for goals and objectives to be issued to them.  Ms. Sheehan stated she would like to come back before the Board for further direction.  Ms. Sheehan will contact the office for a date and time.

Question and Answer Period

1.      Wayne Sunderland asked what is the status of any solutions to the East Beach Road storm problems.  Mr. Spirlet stated the Federal was going to pay xxx amount of dollars but all the information is being transferred to the State because this area is under their jurisdiction.  Mr. Vieira stated the Planning Board is in the process of laying out the road.  Mr. Spirlet stated that Coastal Zone Management and the DEP are working on this.

2.      Elaine Ostroff asked what is the status of the timing of renewal of Charter Cable contract. Mr. Spirlet stated the contract is almost done and we are continuing to move forward.  Mr. Ouellette stated that a tentative date for a public hearing is January 17, 2012.  It will be advertised once the date is set.

Correspondence Requiring Action and / or Reading

1.      Motion made by Mr. Ouellette to appoint Alan W. Powers to the Westport Cultural Council.  Second by Mr. Dutra.  The Board voted unanimously in favor.

2.      Motion made by Mr. Vieira to forward a copy of a letter of appreciation from Richmond Pond Drive to the Conservation Commission and the Highway Department.  Second by Mr. Coyne.  The Board voted unanimously in favor.

3.      No action taken.

4.      Motion made by Mr. Coyne to send letters to Senators Kerry and Brown requesting no lapse of the National Flood Insurance Program.  Second by Mr. Ouellette.  The Board voted unanimously in favor.

5.      Motion made by Mr. Ouellette to send letters of support of Bill S.145 “An Act Regulating Secondary Metals Dealing” to the state legislators.  Second by Mr. Dutra.  The Board voted unanimously in favor.

6.      No action was taken. It was noted that a lot of work was conducted by Michael Sullivan, Jim Whitin and Sarah Raposa on this proposal.

7.      No action was taken. A copy of this letter received from Lighthouse Assembly of God offering free labor will be kept on file and a copy will be forwarded to the Recreation Commission, Highway Department and Police Department.

Town Administrator’s Report

1.      Motion made by Mr. Dutra to lift the hiring freeze and advertise the position for the Cemetery Department.  Second by Mr. Ouellette.  The Board voted unanimously in favor. It was noted that Wes Norman was present to explain the need.

2.      Motion made by Mr. Vieira to adopt the Town Administrator’s recommendation in regards to the Housing Rehab Advisory Committee Close-Out Recommendations.  Second by Mr. Dutra.  The Board voted unanimously in favor.  (see attached).

Consider / Reconsider

1.      Motion made by Mr. Ouellette to remove the murals at the Town Hall Annex with the condition that they are photographed for possible display in the Annex or Town Hall with a description of how they were created.  Second by Mr. Coyne.  The Board voted unanimously in favor.

2.      The Board requested that Mr. Rebello be invited to their next meeting for an interview regarding his request for appointment to the Long Term Planning Town Building Evaluation Committee.

3.      Motion made by Mr. Ouellette to appoint Bernadette Oliver as Wellness Coordinator of the Southeastern Mass. Health Group.  Second by Mr. Dutra.  The Board voted unanimously in favor.

4.      Motion made by Mr. Dutra to approve the Regular Meeting Minutes of 10-17-11. Second by Mr. Ouellette.  The Board voted unanimously in favor.

      Motion made by Mr. Ouellette to approve the Special Meeting Minutes of 10-21-11.  

      Second by Mr. Coyne.  The Board voted unanimously in favor.

Other Issues

1.      Mr. Ouellette sent a thank-you to all those who attended the Veterans Ceremony and congratulations to the new Veterans’ Agent who did a good job.  Mr. Spirlet noted that Mr. Coyne was the lead speaker for the ceremony and did a good job also.

2.      Mr. Spirlet requested on the next agenda to be discussed, a letter received from the ABCC regarding recent violations by licensed businesses.

3.      Motion made by Mr. Dutra to give the half-day off before Thanksgiving to the non-union employees also.  Second by Mr. Vieira.  The Board voted unanimously in favor.

Executive Session – 7:53 PM

Motion made by Mr. Dutra to enter into Executive Session pursuant to Massachusetts General Laws Chapter 30A, Section 21 to discuss the agreement of the Central Village Sidewalk/Lees and to approve Executive Session Minutes.  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 – 8:15 PM

Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 8:30 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