BOARD OF SELECTMEN

REGULAR MEETING MINUTES

MAY 29, 2012

Members Present: Richard M. Spirlet, Chairman

Antone C. Vieira Jr., Vice Chairman

Steven J. Ouellette

Craig J. Dutra

R. Michael Sullivan, Clerk

Also Present: John F. Healey, Town Administrator

Executive Session:

Selectmen Richard Spirlet, Antone Vieira, Steven Ouellette, Michael Sullivan on a roll call vote, voted to enter into executive session at 5:03 p.m. under Massachusetts General Laws Chapter 30A, Section 21 to discuss approval of Executive Session Minutes, ratification of the Highway Department Union Contract, consideration of a Highway Department grievance and a legal update. The vote was Selectmen Spirlet, Vieira, Ouellette and Sullivan in favor.

Open Session:

Selectman Ouellette made a motion to return to open session at 6:03 p.m. The motion was seconded by Selectman Vieira and on a roll call vote the motion was unanimously approved.

Public Hearing RE: An application Request From Maria C. Pacheco for the Transfer of a Six-Month Seasonal Trailer Permit for Recreational Purposes on 130 East Beach Road:

Chairman Spirlet opened the hearing at 6:10 p.m. by reading the legal notice. Representing the applicant, Maria Pacheco, was Tillie Costa. Mrs. Pacheco could not attend due to an illness in the family. No abutters were present. On a motion by Selectman Vieira, seconded by Selectman Dutra, the Board voted unanimously to approve Mrs. Pacheco’s application for a transfer of a six-month seasonal Trailer Permit for 130 East Beach Road. The hearing was closed at 6:13 p.m.

James Coyne RE: Permission to have the Town Hall Sign Painted:

Mr. Coyne told the Selectmen that people were willing to donate money to fix the sign in front of Town Hall. He requested the Board’s permission to seek out contractors to do it in order to have it ready for the Town’s 225th anniversary. On a motion by Selectman Vieira, which was seconded by Selectman Ouellette, the Board voted unanimously to approve Mr. Coyne’s request. The Board also asked Mr. Healey to find out from Diman where the Town was on their list to fix the sign.

Continued Public Hearing – Westport Club, Inc. – Dennis Woodcock, Manager RE: Application Request for an Alteration of Premises to Allow Serving of Alcoholic Beverages on the Outside Deck at 904 Main Road:

Robert Haines requested that the hearing be continued until the next Selectmen’s meeting. Selectman Ouellette made a motion to continue the hearing until Tuesday, June 12, 2012 at 6:15 p.m. The motion was seconded by Selectman Vieira and was voted unanimously.

Correspondence Requiring Action:

1). The Board agreed to place Mrs. Woodruff’s request to be reappointed as a Republican poll worker on file until the complete list is received from the Republican Town Committee. Chairman Spirlet asked the Town Administrator to get a list of unenrolled residents from the Town Clerk so the Selectmen can appoint them as poll workers.

2). Selectman Ouellette made a motion to approve the request from the Narragansett Bay Wheelman to hold their 100-mile ride on Sunday, September 9th subject to the recommendations received from Lieutenant John Bell. The motion was seconded by Selectman Sullivan and was unanimously approved.

3). Chairman Spirlet stated that the request from the Westport River Watershed Alliance to host 8 weeks of their summer science programs at Cherry & Webb Beach and for three parking passes should be under the jurisdiction of the Beach Committee. Selectman Sullivan then made a motion to forward the request to the Beach Committee. Selectman Vieira seconded the motion with an amendment that the Beach Committee be informed that the Board of Selectmen supports the program. The motion was voted unanimously.

Consider/Reconsider:

3). Selectman Vieira made motions to approve the 3/5/12, 3/14/12 and 3/19/12 Regular Meeting Minutes. The motions, which were seconded by Selectman Ouellette, were approved with Selectmen Spirlet, Vieira, Ouellette and Dutra voting yes and Selectman Sullivan abstaining.

2). Selectman Vieira made a motion to approve the Order of Takings for Meadowbrook Lane. The motion was seconded by Selectman Dutra and was voted unanimously. A motion was made by Selectman Ouellette to approve the Order of Takings for Miss Rachel Trail. Selectman Vieira seconded the motion – voted unanimously. On motions by Selectman Dutra, which were seconded by Selectman Ouellette, the Board voted unanimously to approve the Order of Takings for Old Farm Road and Granite Post Road. Selectman Vieira wondered what the cost would be for the drainage of these new roads.

Public Hearing RE: An application Request From Thomas & Ashley Fullen for the Transfer of a Six-Month Seasonal Trailer Permit for Recreational Purposes on 5 East Beach Road:

Chairman Spirlet opened the hearing at 6:32 p.m. and read the legal notice. In attendance was the applicant Thomas Fullen. No abutters were present. Selectman Ouellette stressed that East Beach Road was an environmentally fragile area. He then made a motion to approve Mr. Fullen’s application for a transfer of a six-month seasonal Trailer Permit for 5 East Beach Road. Selectman Vieira seconded the motion – unanimously approved. The hearing was closed at 6:34 p.m.

Consider/Reconsider Continued:

7). Fire Chief Brian Legendre was present. He explained that the Town had a chance to participate in a community grant administered through SRPEDD to provide E-Permit for fire department permits and would allow residents to purchase almost all permits from the Fire Department online. The contract for Bristol County would be with Des Lauriers Municipal Solutions, Inc. The grant covers one year for the software purchase. The Fire Chief recommended that the Board sign for one year because there would be no cost for the first year. Selectman Sullivan made a motion to approve and sign the contract with Des Lauriers Municipal Solutions, Inc. for one year and then the Board and Fire Chief will evaluate whether to continue the program and the cost of the license and administration fees. The motion was seconded by Selectman Ouellette. Selectman Vieira said that he supports the idea but it does not address the problem. The motion was unanimously approved.

4). Selectman Ouellette made a motion to appoint Harold J. Sisson (Highway Department), Lieutenant Brian Beaulieu (Emergency Management), Robert Carroll (Beach Committee) and John Healey (Town Administrator) to the East Beach Road Reconstruction Committee. The motion was seconded by Selectman Vieira and was voted unanimously.

Joint Meeting with the Energy Committee RE: Discussion Concerning the Green Communities Act & Technical Assistance Grants With Seth Pickering of the Department of Energy Resources:

Seth Pickering, Southeast Regional Coordinator, Green Communities Division, Department of Energy Resources, made an audio-visual presentation to the Board regarding Green Communities. Mr. Pickering reviewed how the Town could reduce its energy costs by: 1) Establishing an Energy Committee or designating an Energy Officer; 2) Establishing an energy baseline for municipal buildings, schools, streetlights and all vehicles; 3) Performing energy audits on municipal buildings; 4) Implementing energy efficiency measures; 5) Changing behaviors (e.g. energy conservation policies) and 6) Exploring renewable energy opportunities. He went over the five criteria for the Town to be considered a Green Community. They are: 1). Adopt as-of-right siting, in designated locations for renewable energy or alternative energy generation, or renewable energy or alternative energy research and development or renewable energy or alternative energy manufacturing; 2) Adopt expedited (12 month) application/permitting process; 3) Establish an energy use baseline with a plan to reduce the baseline by 20% in five years; 4) Purchase only fuel efficient vehicles; and 5) Require new residential construction and new commercial and industrial real estate construction to minimize life-cycle energy costs (adopt Stretch Code – 780CMR 115, Appendix A). Energy Committee member Karl Daxland had a question in regards to the Stretch Code and what the cost would be on a new house. Mr. Pickering replied that it would add 1% to the cost, about $1 per square foot. Energy Committee member Tony Connors asked how many towns have an Energy Officer. Mr. Pickering responded not many; most have an Energy Committee like Westport. Energy Committee member Ed Goldberg questioned what would happen if the Town did not comply completely. Mr. Pickering replied that so far every town that had been designated had gotten their grant money and that if they did not comply completely they would lose their status as a Green Community. Energy Committee member Walter Barnes asked what was the largest city designated as a Green Community. Mr. Pickering replied Boston. Selectman Vieira noted that the Energy Committee had concerns regarding the cost to the business community.

Public Hearing RE: An application Request From Joseph Albano for the Transfer of a Six-Month Seasonal Trailer Permit for Recreational Purposes on 133-137 East Beach Road:

Chairman Spirlet opened the hearing at 7:22 p.m. by reading the legal notice. Present was the applicant, Joseph Albano. No abutters were in attendance. Mr. Albano was briefly questioned. He noted that the trailer was self-contained. On a motion by Selectman Ouellette, seconded by Selectman Vieira, the Board voted unanimously to approve Mr. Albano’s application for a transfer of a six-month seasonal Trailer Permit for 133-137 East Beach Road. The hearing was closed at 7:25 p.m.

Kim Fernandes Re: Request for Appointment to the Recreation Commission:

Chairman Spirlet read Mrs. Fernandes request for appointment to the Recreation Commission. She explained that she had been already attending the meetings and would like to get more involved as a member. A motion was made by Selectman Vieira to appoint Kim Fernandes to the Recreation Commission with an expiration date of 6/30/13. Selectman Ouellette seconded the motion – voted unanimously.

Norfolk Ram Group RE: Discussion of the Middle School 319 Stormwater Management Project:

Meeting with the Board from the Norfolk Ram Group were Wayne Perry and John McAlister. Mr. McAlister explained that the Town and the Westport River Watershed Alliance (WRWA) had applied to the Department of Environmental Protection (DEP) in 2010 for a grant, which was approved for further stormwater remediation from the Middle School. He continued by saying that this was an Environmental Protection Agency project administered through DEP and that the cost to the Town would be $156,064 (40%), which would be for labor and some materials. The Highway Department will be doing all of the construction work, providing the majority of the Town’s required contribution to the project and the WRWA would also contribute to the project. Mr. McAlister told the Board that they would be constructing several rain gardens on Green Street, which is adjacent to the school. He noted that rain gardens have a 93% removal rate for stormwater and that the School Department and the WRWA were involved in the planning. Mr. Perry stated that they would be going out to bid for a future phase of the project. On a motion by Selectman Vieira, which was seconded by Selectman Ouellette, the Board voted unanimously to move forward with the project.

Tara Ann Martin RE; Request from the Conservation Commission to Appoint Ms. Martin as the New Conservation Agent:

Meeting with the Selectmen were Tara Ann Martin and Ed Rooney, Chairman of the Conservation Commission. Mr. Rooney explained that the Conservation Commission had received several applications from qualified candidates and that after conducting interviews had agreed to request that the Board of Selectmen appoint Ms. Martin to fill the vacant position of Conservation Agent. After brief questioning from the Board, Selectman Sullivan made a motion to appoint Tara Ann Martin. The motion, which was seconded by Selectman Ouellette, was voted unanimously.

Town Administrator’s Report:

Mr. Healey informed the Board that the Town had received two proposals for the East Beach Road reconstruction. He said that the East Beach Road Reconstruction Committee would review the proposals and report back with their recommendation.

Consider/Reconsider Continued:

5). On a motion by Selectman Ouellette, which was seconded by Selectman Dutra, the Board voted unanimously to appoint the following Town Beach Lifeguards: Evan Audette, Brad Morel, Meredith Curry, Joseph Matrisciano, Max Trojano, Ariel Hallisey, Conner Ragas, Stephen Matrisciano, Andrew Baptiste and Althea Sylvia. Selectman Vieira questioned whether the positions had been advertised. Ms. Bouchard responded that they had not. Selectman Vieira emphasized that they had to be advertised next year. The Board directed the Town Administrator to send a letter to the Beach Committee telling them that they would have to advertise next year.

1). Chairman Spirlet led the discussion concerning the makeup of the new Westport Water Resources Management Committee. He mentioned having representatives from the Board of Health, Highway Department, WRWA and the Agricultural Commission. Selectman Dutra suggested that the Committee should be made up of both Estuaries and Pond’s Committee members. Selectman Vieira made a motion that the Westport Water Resources Management Committee be a nine-member committee initially charged for a 36-month period and would consist of one member selected from each of the five precincts, one person nominated representing the Westport River Watershed Alliance, a member from the Board of Health, one member from the Westport Agricultural Commission and a representative from the Highway Department. The Committee would be charged to develop consensus and would advise the Board of Selectmen on overall water resource management policies. Recommendations would be made and grants requested through approval of the Board of Selectmen. Selectman Sullivan seconded the motion for discussion. Selectman Vieira noted that the focus of the Committee with action recommendations would include a Nitrogen Management Plan, Well Drinking Water Management, Waste Water Management, which would include septic system repair and/or upgrades, Storm Water Management, which would include follow-up on implementation of site plan reviews, and Ponds Resource Management. Selectman Dutra stated that he could not vote in favor without a written proposal and a transition plan that incorporates the charges of the Ponds and Estuaries Committees. He requested that Selectman Vieira put his proposal in writing so the Board could review it and propose amendments at their next meeting. Selectman Vieira responded that he would certainly submit it in written form and encouraged the other board members to submit their suggestions. He stated that he would be willing to withdraw his motion until their June 12th meeting. Selectman Sullivan then withdrew his second. Selectman Ouellette stated that he would like to make sure his objections are noted that he does not like representatives from precincts.