Westport in Brief!

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Wednesday, July 24, 2019

 

Quick Article Index . . .

 

Shuttered. State Road smoke shop ordered to close for 60 days.

 

Westport Board of Health Notes – July 2019

 

School design committee meets with new construction managers.

 

Narrows Center for the Arts Schedule of Events for August 2019

 

 

Shuttered!

State Road smoke shop ordered to close for 60 days.

EverythingWestport.com

Wednesday, July 24, 2019

Photos | EverythingWestport.com

 

 

WESTPORT – State Road smoke shop ordered to close for 60 days.

 

On a 2-0 vote with one abstention, the Board of Health after a 2 ½ hour evidentiary hearing ordered the suspension of Cedars Smoke ‘n Vape Shop license to sell tobacco and nicotine-based products for 60 days because of proof of underage sales at the State Road business location.

 

A suspension requires the store to remove all such products from their shelfs. Owner Walid T. Assi opted to close the store rather than clear the premises of nicotine-based products.

 

Cedars is an adult-only smoke shop that sells tobacco and nicotine-based products. The owner was also cited for employing 18-year-old clerks as well as selling on multiple times to underage customers.

 

Multiple sting operations by a state tobacco control official and local Westport police uncovered illegal sales of nicotine-based products to persons as young as 12.

 

The trial-like atmosphere at the hearing was punctuated with strong objections by attorneys representing Walid T. Assi when former director Marilyn Edge of Tobacco Control of Western Bristol County and Foxboro, and Westport School Resource Officer Kyle Fernandes gave testimony of their using confidential informants in compliance checks that revealed underage sales.

 

Attorneys questioned whether the informants were thoroughly checked for tobacco and vape products on their persons before entering the store, and if the informants were properly educated and vetted, and how they were compensated.

 

Attorney Corey also objected to subtle hearsay evidence, but BOH Chairman Phil Weinberg reminded the attorneys “this was a hearing for discovery, not a criminal trial.”

 

The business sold to the underage informants on three different occasions, never asking for any identification, according to officer Fernandes. Edge also did compliance checks of this business and on two separate occasions using an underage, paid informant was able to purchase nicotine products.

 

Officer Fernandes was alerted to the problem when school’s students told him seniors were buying vapes and smokes from cedars and reselling them to underage classmates at sometimes twice the cost.

 

Inset: Former director Marilyn Edge of Tobacco Control of Western Bristol County and Foxboro gave testimony of using paid, 18-year-old confidential informants to conduct compliance tests.

The store was also cited twice by FDA for violations of underage sales.

  

Health board member Tanja Ryden upon advice from Town Counsel recused herself from voting when she asked to be sworn in to testify. Westport attorney Brian Corey objected to a Ryden’s possible bias and demanded she disqualify herself from participating in the vote for a 60-day suspension.

 

Assi, a Fall River resident, was represented by Attorney Corey and Fall River attorney William Flanagan.

 

The Center for Disease Control and Prevention state the use of e-cigarettes is unsafe for kids, teens, and young adults.  Most e-cigarettes contain nicotine, using an e-cigarette is sometimes called “vaping” or “JUULing.” Nicotine is highly addictive and can harm adolescent brain development, which continues into the early to mid-20s. E-cigarettes can contain other harmful substances besides nicotine. Young people who use e-cigarettes may be more likely to smoke cigarettes in the future.  All JUUL e-cigarettes have a high level of nicotine; according to the manufacturer a single JUUL pod contains as much nicotine as a pack of 20 regular cigarettes.

 

The health board briefly considered permanently revoking the store’s license, but BOH member Maury May was reluctant to shutter a local business, opting instead to recommend a stiff 60-day suspension with fines.

 

Massachusetts state law now allows in-state residents who turned 18 on or before December 31, 2018 to legally purchase nicotine-based products. But towns have to adopt that provision, something Westport and most Massachusetts towns have not done. According to Marilyn Edge, Somerset, Berkley and Lakeville have adopted the new state regulation.

 

Also, in an adult-only smoke and vape shop no one under the age of 21 can enter, or work or purchase nicotine-based products.

 

It is not illegal for an individual of any age to purchase or use nicotine-based products in Massachusetts; it is only illegal for stores to sell the products to underage purchasers.

 

Above: Westport School Resource Officer Kyle Fernandes gave testimony of his using confidential informants in compliance checks that resulted in underage purchases without an identification check.

 

 

 

Westport Board of Health Notes – July 2019

EverythingWestport.com

Thursday, July 25, 2019

 

Welcome to Westport Health Notes, a monthly column from the Westport Board of Health (BOH). The goal is to share information with our community about local issues and projects, public health alerts, and even fun facts about the A to Z scope of responsibility that local boards of health manage.

 

For July’s column we are focusing on septic systems. First, some good news – the BOH is pleased to announce the availability of low interest loans to home-owners who need to upgrade a failed septic system or cesspool. The BOH recently voted to lower the interest rate (from 5%) on this next round of the septic loan program to make it more advantageous for Westport homeowners faced with expensive repairs. The interest rate for upgrading a standard septic systems is now 4%. The interest rate for installing an enhanced nitrogen removal system is 1.5%.

 

Enhanced nitrogen removal systems prevent nitrogen contamination of drinking water supplies, ponds and the Westport River. A Betterment Agreement between the Town and an eligible homeowner may be used for all costs necessary to repair or replace a failed septic system including engineering, soil testing, permit and administrative fees, and construction. Homeowners obtain the estimates and choose the contractors. The normal BOH review and permitting process is still required. There is no credit check needed, but all municipal accounts (real estate taxes, water bill, etc.) must be paid and up to date to be eligible for a loan. The homeowner pays back the loan in the form of a betterment placed as an additional line item on the real estate tax bill twice a year over a 20-year period.

 

To start the application process or answer any questions, please contact the Program Administrator, Nelia Williams at

williamsn@westport-ma.gov or call 508.636.1035. The Community Septic Management Program is funded through the Commonwealth of Massachusetts Clean Water Trust Fund. Separately, the state provides a tax credit of up to $6,000 over four years to defray the cost of septic repairs to a primary residence. The credit cannot exceed $1,500 in any year and may be spread out over four years. The tax credit is limited to work done on a primary residence only. Tax Form Schedule SC is the correct form for the tax credits. The credit is reduced if the homeowner takes advantage of a community septic loan.

 

On another front, as of May 1, 2019 the BOH also is implementing a longstanding state Department of Environmental Protection policy of “maximum feasible compliance” that applies to septic repairs and upgrades on those properties in Westport that are subject to nitrogen loading limitations. In order to protect drinking water systems, the Board normally requires enhanced nitrogen removal septic systems and/or deed restrictions on the number of bedrooms allowed on undersized lots. Standard Title 5 septic systems are not designed to remove nitrogen compounds contained in human sewage. The raw effluent in your septic system is estimated to contain 38 to 70 parts per million (ppm), while the safe drinking water standard is 10 ppm. So if your (or a neighbor’s) well is close to the leach field or cesspool, there is an increased risk of waste nitro-gen from the septage that leaches into the groundwater being drawn up into your drinking water well. Copies of the policy are available in the BOH office. Homeowners affected by this policy may be eligible for the low interest loans described above.

 

If you have questions you’d like answered or suggestions for future topics, please email the BOH at health@westport-ma.gov.

 

Finally, one quick correction to June’s column: In Westport burial permits are actually issued by the Town Clerk, not the Board of Health.

 

 

 

Above: The Middle/ High School façade has been institutionalized by the architect to save $1.2 million.

School design committee meets with new construction managers.

Full steam ahead as the school steering committee puts the joint venture of the Agostini – Bacon Construction team to work.

EverythingWestport.com

Saturday, July 27, 2019

Photos | EverythingWestport.com

 

By Robert Barboza

Special to EverythingWestport.com

 

The Westport School Building Committee’s design subcommittee met with the town’s newly-hired construction management team for the first time on July 22, and put their new employees right to work.

 

The building committee voted to hire the company and pay a pre-construction fee of almost $96,000.

 

The district needs the construction price to come in under $75 million to stay within the allotted $97 million that both town meeting and town election approved in early 2018.

 

The new building will feature grades 5 through 12 and will be situated at the site of the former middle school on Old County Road. Earlier this year, the contaminated middle school was demolished and removed. The project was approved in 2015 by the Massachusetts School Building Authority, making approximately 40 percent of all costs reimbursable.

 

The subcommittee charged with making recommendations for cost-cutting options for the planned co-located junior/senior high school on Old County Road handed the team from the Agostini – Bacon Construction joint venture the revised 90 percent complete plans for the new school, and asked them to review the site and building plans in detail.

 

Looking for ways to resolve the problem of initial bids for the school building coming in about $10 million over the pre-bidding estimates, the design subcommittee has made an estimated $17 million in cuts to projected costs.

 

Inset: The SBC steering committee (left) meets with the joint venture of Agostini – Bacon Construction team (right).

 

Subcommittee member Jeffrey Wade said the number of cuts and changes made “may have been more than we needed to make the budget” match the next round of bids. 

 

“Some of the things we cut, we didn’t want to take away,” and the construction managers may recommend that they not be implemented.

If some elements of the original plans need to be restored, that should be done, he suggested. The end result, he stressed, is “we want the best school that we can get, for the money we promised it would be.”

 

The experts from Agostini – Bacon joint venture will study the 90 percent plans and tell the volunteer committee whether the recommended cuts will produce the savings expected, and whether there are some suggested changes in plans that shouldn’t be made because they might impact the building’s life span or long-term maintenance costs.

 

“Some of the things we cut, we didn’t want to take away. The construction managers may recommend that they not be implemented.

If some elements of the original plans need to be restored, that should be done.  We want the best school that we can get, for the money we promised it would be.” – School Committee member Jeff Wade

 

And, design subcommittee member and Town Planner James Hartnett suggested to the management consultants, “If you see other areas we can save some money, let us know.”

 

One of the new management team did that immediately, noting that changing the veneers for most interior doors to a slightly lower grade of wood would save thousands of dollars, and be just as durable as the more expensive grade called for in the building specs.

 

“I feel confident that they are going to build a school for the cost and I don’t think we will have to skimp on the quality.” - SBC Steering Committee Chairman Tony Viveiros.

 

The subcommittee will have a better handle on projected costs on August 2nd, when independent estimates of real costs based on the specifications will be delivered by Agostini and another firm. The two estimates will then be “reconciled” into a final best estimate of construction bids that should be received, and consensus reached on finalized plans for the building and site.

 

The new estimates will be reviewed by the full School Building Committee on August 8th, which will make its suggestions for final changes in specifications to be supplied to selectmen, the school committee, and the town’s financial partner, the Mass. School Building Authority.

 

Initial changes to the building specs included things like eliminating custom millwork, using special glass and glazing specs, and the custom fabrication of components for the pre-manufactured gymnasium space. The design subcommittee also recommended a slight reduction in the size of the oversized gym, but kept a promised indoor walking track in the plans because of past promises to voters supporting funding for the new school.

 

In 2018 both the annual town meeting and town election approved $97 million in 2018, and to meet that budget the construction costs need to stay under $75 million.

 

The Massachusetts School Building Authority (MSBA) authorized the project in 2015 and agreed to pay 40% of the reimbursable costs. Athletic fields, relocation of the tennis courts and some other site costs are not reimbursable by the state authority.

 

The new building will feature grades 5 through 12 and will be situated at the site of the former middle school on Old County Road. Earlier this year, the contaminated middle school was demolished and removed. The project was approved in 2015 by the Massachusetts School Building Authority, making approximately 40 percent of all costs reimbursable.

 

Above: Projected levels of activity by the CM to get to the PreConstruction period schedule for October 15, 2019.

 

 

 

Narrows Center for the Arts Schedule of Events for August 2019

 

EverythingWestport.com

Sunday, July 28, 2019

 

FALL RIVER, July 28, 2019 - The Narrows Center offers another great roster of events during the month of August. For a full list, visit their website at www.narrowscenter.org. Doors open at 7:00 p.m. and shows start at 8:00 p.m. unless otherwise noted.

 

Fri, Aug 2. Ruthie Foster. In the tight-knit musical community of Austin, Texas, it's tough to get away with posturing. You either bring it, or you don't. If you do, word gets around. And one day, you find yourself duetting with Bonnie Raitt, or standing onstage with the Allman Brothers at New York's Beacon Theater and trading verses with Susan Tedeschi. You might even wind up getting nominated for a Best Blues Album Grammy — three times in a row. There's only one Austinite with that résumé: Ruthie Foster. $32 Advance. $37 Day of Show.

 

Sat, Aug 3. The Conjuring – Mysterious Items of the Occult. This special event will be hosted by Tony Spera, Director of the New England Society for Psychic Research and son-in-law of paranormal investigators Ed & Lorraine Warren. Are you a fan of "The Conjuring" and "Annabelle" films? Are you interested in the mysterious and sometimes terrifying realm of the supernatural that inspired these films? Do you want to know more about the case files of famed paranormal researchers Ed & Lorraine Warren? If you answered yes to any of these questions, then join us at the Narrows on August 3rd for an event like no other. $15 Advance. $20 Day of Show.

 

Wed, Aug 7. Shawn Colvin. Singer, songwriter and author Shawn Colvin won her first GRAMMY Award for Best Contemporary Folk Album with her debut album, "Steady On." She has been a mainstay of the singer-songwriter genre ever since, releasing twelve superlative albums and establishing herself as one of America's greatest live performers. She triumphed at the 1998 GRAMMY Awards, winning both Record and Song of the Year for the Top 10 hit "Sunny Came Home," from the platinum-selling album "A Few Small Repairs." $55 Advance. $60 Day of Show. $135 VIP Package.

 

Thurs, Aug 8 & Fri, Aug 9*. Tab Benoit. You've tried the rest, now try the best! Tab Benoit's amazing new "Medicine," 100% pure musical snake-oil. A melodic potion that provides immediate and satisfying relief for all aches and pain. Benoit's "Medicine" is a guaranteed cure for heartache. It's the genuine article this Medicine is for whatever ails you. Advance $42. Day of Show $47. *Friday, August 9 is sold out.

 

Wed, Aug 14. Robert Earl Keen. "The road goes on forever..." It's not always easy to sum up a career -- let alone a life's ambition -- so succinctly, but those five words from Robert Earl Keen's calling-card anthem just about do it. Some people take up a life of playing music with the goal of someday reaching a destination of fame and fortune; but from the get-go, Keen just wanted to write and sing his own songs, and to keep writing and singing them for as long as possible. Rolling Stone has dubbed Keen "a country and Americana cult hero." $62 Advance. $67 Day of Show.

 

Thurs, Aug 15. 6th Annual Comedy Night ft. Jimmy Dunn. The Angie Dolan Memorial Foundation brings back their Comedy Night fundraiser for the sixth year in a row! This year's entertainment features Bostonian Jimmy Dunn, an actor and comedian most recognized from the CBS sitcom, The McCarthys, where he co-starred as Sean McCarthy. Proceeds will benefit the Angie Dolan Memorial Foundation. $50 Tickets

 

Fri, Aug 16. Walter Trout. No ordinary artist. No ordinary covers album. From the day he conceived the project to the moment he counted off the first song in the studio, Walter Trout had a bolder plan for Survivor Blues. "I'm riding in my car sometimes," says the US blues titan. "I've got a blues station on – and here's another band doing 'Got My Mojo Workin.'" And there’s a little voice in me that says, 'Does the world need another version of that song?' I didn’t want to do "Stormy Monday" or "Messin' With The Kid." I didn’t want to do the blues greatest hits. I wanted to do old, obscure songs that have hardly been covered. And that's how Survivor Blues started…" $32 Advance. $37 Day of Show.

 

Sat, Aug 17. John Mayall.  Often referred to as "The Godfather of British Blues," John Mayall has an impressive musical career that spans over 50 years. The English blues singer, pianist, harmonica player, guitarist, and songwriter founded the band, John Mayall & the Bluesbreakers in the 1960s -- a band whose members included many celebrated blues and blues rock guitarists, such as: Eric Clapton, Peter Green, Jack Bruce, Mick Taylor, Walter Trout, Coco Montoya and Buddy Whittington. $52 Advance. $57 Day of Show.

 

Thurs, Aug 22. Blue Öyster Cult. For over four decades, BÖC has been thrilling fans of intelligent hard rock worldwide with powerful albums loaded with classic songs. Indeed, the Long Island, New York-based band is revered within the hard rock and heavy metal scene for its pioneering work. The band has been praised for its catchy-yet-heavy music and lyrics that could be provocative, terrifying, funny or ambiguous, often all in the same song. BÖC's canon includes the stone-cold classic songs that will waft through the cosmos long after the sun has burned out: The truly haunting "(Don't Fear) The Reaper, the pummeling "Godzilla," and the hypnotically melodic "Burnin' for You." $70 Advance. $75 Day of Show.

 

Fri, Aug 23. The Who's "Tommy" – The 50th Anniversary Concert. This special event features The Collective, a Berkshires-based rock and stage ensemble including Bo Diddley alum and Entrain founder Tom Major on power drums, as well as Broadway, Joe Jackson, Beatlemania alum Tom Teeley, bringing to life the iconic Rock Opera with a blend on the incendiary 1969 era live Who performances, alongside all the nuance and instrumentation of the original recording. $27 Advance. $30 Day of Show.

 

Tue, Aug 27. The Zombies with Special Guest Ninet Tayeb. After a sold out show in 2014 at the Narrows, iconic British psychedelic rock legends The Zombies return to celebrate their long-awaited induction into the Rock & Roll Hall of Fame. The Zombies scored U.S. hits in the mid- and late-1960s with "Time of the Season," "She's Not There," and "Tell Her No." The band's live performances are described by Rolling Stone as "absolutely triumphant." $65 Advance. $70 Day of Show.

 

Thurs, Aug 29. Danielle Nicole. Founding member, lead singer, and bass player of Kansas City blues-rock band Trampled Under Foot, Danielle Nicole stepped out on her own in 2015 with her debut album "Wolf Den." In 2018, Nicole returned with a follow-up release via Concord Records. Nicole's distinctive, inventive bass work—which resulted in her becoming the first woman to win the Blues Foundation's 2014 Blues Music Award for Best Instrumentalist, Bass—is the product of years of intensive roadwork. Although she had no experience with the instrument when she became Trampled Under Foot's bassist, now she can't imagine life without it. $25 Advance. $27 Day of Show.

 

For more information on these upcoming events, contact Meaghan Corse at 508.324.1926 or email boxoffice@narrowscenter.org.

 

 

 

 

 

 

 

 

 

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