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HomeMy WebLinkAboutBOS MINUTES 9-9-1998Board of Selectmen F' +`=C: , Minutes C September 9, 1998 Present: Chairman Madan, Clerk McCarter, Selectmen Mahana, and Robinson John D'Agostino, Town Manager I !,A S f% ! : ;,` T 5 1. 7:30 PM Executive Session to Discussion pending litigation. Chairman Madan polled the Board to go into executive session to discuss pending litigation. Clerk McCarter — Aye. Selectman Mahana — Aye. Selectman Robinson -Aye. Chairman Madan - Aye. 2. The open meeting was called to order at 8 :00 PM. 3. Questions and Comments Ken Butler, 23 Church Street, stated that he is upset that the Church Street residents were not notified that one of the sidewalks on Church Street would be removed. Town Manager D'Agostino responded to Mr. Butler's concerns explaining the DPW Director's reasoning for not reconstructing the sidewalks and that some time ago, the Selectmen granted Mr. Clifford the authority to maintain the sidewalks as he sees fit. Trisha Bolea, 136 Church Street, stated the DPW took quite a bit of a retaining wall out on her side of the street and that she would like it replaced. Ms. Bolea asked why some of the walls are being replaced and others not. Lastly, Ms. Bolea asked when a meeting would be held with DPW to discuss the elimination of one sidewalk. Mike Connor, 17 Cottage Street, asked if the Town is contracting with a private contractor for work on Church Street, if a master plan exists for town -wide roadwork and in this area alone, and if the Town charges impact fees for developers. Town Manager D'Agostino suggested establishing a sidewalk betterment program similar to the small sewer extension program. Mike Carlson, 135 Church Street, questioned entitlements to residents with charging them betterment fees for sidewalks, suggested work on Church Street is being done in a shoddy fashion, and that the plan for his property is not acceptable. Motion: That we modify the previous order to the extent that the DPW Director is not authorized to make decisions on the removal of sidewalks. (McCarter - Mahana) All in favor. Passes. 4. 8:35 PM - Update with Police Chief O'Neill re: Ozzfest Police Chief O'Neill reported the following: On July 9, the second day of the Ozzfest at Great Woods, James Lynn Straight of the band SNOT appeared in toilet prop naked on stage. Mr. Straight was then chased by Bruce Montgomery, General Manager of Great Woods, caught in an electrical storage area, and brought to the Police. A complaint was drawn up by the Police Department for indecent exposure, which is a misdemeanor and not an arrestible offense. It was learned that more may have gone on while Mr. Straight was on stage, and the incident was investigated by Detective Crossman. Detective Crossman found that a female dancer simulated oral sex on stage with Mr. Straight. On August 28, 1998, Mr. Straight was arrested by Detective Martin and was brought to the Attleboro District Court House. The case is still pending. Board of Selectmen Questions: Members of the Board of Selectmen asked Police Chief O'Neill questions concerning the following: whether or not other venues reported this type of incident, whether or not he feels the band had prior knowledge of this act, whether or not the lead singer said anything indicating prior knowledge, if Great Woods video taped the concert, if police officers are normally stationed inside the pavilion, and why Mr. Straight was not arrested on site. Bruce Montgomery, General Manager, Great Woods, addressed the Selectmen stating that very few performances are taped at Great Woods, when he saw Mr. Straight walking around back stage with a towel on he asked him if he would be taking it off on stage and was told that he wouldn't, that he feels the incident was an act of the individual only, and that SNOT'S manager was trying to make the incident into a publicity stunt. Additional Board of Selectmen Questions: ° Members of the Board of Selectmen asked if it is common for performers to walk around backstage with only a towel on, what Great Woods' security personnel are trained to do in ( these types of circumstances, what assurances are there that the individual will not be back to Great Woods, and what steps have been taken by Great Woods management as a result of the incident. Mr. Montgomery stated that James Lynn Straight would not be allowed to perform at Great Woods for at least five years, and only after a discussion with the Board of Selectmen. Motion: To request the management post a no trespass order for James Lynn Straight at Great Woods. (Robinson - McCarter) All in favor. Passes. Clerk McCarter asked Mr. Montgomery to explain the $20 limousine service charge imposed by Great Woods and asked if busses are also charged $20. Mr. Montgomery explained that limousines can park anywhere in the parking lot at Great Woods for free, but if their clients are dropped off at the gate, a $20.00 service charge is imposed. Lastly, Mr. Montgomery stated busses are not charged. 5. 9:20 PM Discussion with Cable Advisory Committee Selectman Robinson left the room for this discussion. Jay Goldman, Mike Healey, and Eileen Flint, Cable Advisory members, and Doug Whiting and Nick Leuci, of Time Warner Cable were present for this discussion. Mike Healey reviewed the Cable Advisory Committee's letter to the Selectmen, dated September 6, 1998, stating they feel the only issue Cable Advisory has is the loss of two access channels. Doug Whiting and Nick Leuci stated they would like to utilize the two channels not being used by Mansfield and that they have been told the Cable Access Board does not use either of the two and does not have an intention of doing so. Selectman Mahana stated he would consider loaning one of the channels on a yearly basis, only if "The Learning Channel" is dropped to the basic tier and Time Warner allows cable ready television to connect to the system without a converter. Clerk McCarter questioned the status of the requested license amendments siting the Selectmen's previous vote of March 18, 1998. Chairman Madan commented on Time Warner's previous knowledge of their Social Contract with the FCC at the time of the license transfer and their statement that nothing would change. Town Manager D'Agostino stated he would like to schedule the draft license amendment agreement from Town Counsel for the Selectmen's approval at the next Selectmen's meeting. The Board of Selectmen took a ten - minute break at this time. 6. Weekly Business A. Warrant 11 - $640,211.94 Motion: So moved. (McCarter - Mahana) All in favor. Passes. Chairman Madan abstained from all Building Department items, and Clerk McCarter abstained from all Municipal Building Committee Payroll items. Passes. B. Licenses and Permits Request from Town Manager, John D'Agostino, for a waiver of a fee for a tent permit for the September 16 Town employee Barbecue Motion: To waive the fee for the tent permit. (McCarter - Mahana) All in favor. Passes. Letter from Fred and Julie Acker requesting a two -week extension on submitting the balance of their bid for Lot 408 within the Balcom Ridge Estates subdivision Motion: To grant a 30 -day extension. (McCarter - Robinson) All in favor. Passes. C. Correspondence Action: Town Manager and Staff Memorandum from John D'Agostino, Town Manager, requesting the Board of Selectmen's direction relative to the Eames Property next the Rezza Property Motion: That we authorize the Town Manager to negotiate with Nancy Eames. (Mahana - McCarter) All in favor. Passes. Miscellaneous Letter from George Auld, Jr., Post Commander, VFW, requesting the Selectmen's presence in the November 11, 1998, Veterans Day Ceremony A vote of approval is also required for the parade on this date. Motion: So moved. (Mahana - McCarter) All in favor. Passes. Request from United Way to display their banners in the following locations throughout town: North Common, South Common, and East Common, and for a waiver of the fee required to display the banners United Way Motion: To approve where appropriate. (Robinson - Mahana) All in favor. Passes. Other: Resident Letter of concern from residents in the Church Street area regarding the reconstruction and removal of one sidewalk on Church Street Board and Committee Letter from the Cable Advisory Committee stating they have met with Time Warner Cable on two occasions and have discussed to their satisfaction the amendments to the current contract requested by Time Warner. The only major area Cable Advisory feels the Town and Time Warner needs to resolve is giving up two access channels. Town Manager and Staff Memorandum from John D'Agostino, Town Manager, to the Board of Selectmen's representative and other members of the Route 495 Interchange Subcommittee proposing a meeting date of Monday, September 14, 1998, at 7:00 PM Memorandum from John D'Agostino, Town Manager, proposing a sewer extension workshop among the Board of Selectmen, Planning Board, and Board of Health on Thursday, October 15, at 7:30 PMMr. D'Agostino stated that he sewer extension meeting will be postponed to sometime in early December. Memorandum from John D'Agostino, Town Manager, suggesting a tax rate workshop among the Board of Selectmen, Board of Assessors, Chairman of the Finance Committee, Treasurer /Collector, Accountant, and Assistant Assessor, on Thursday, September 17, at 7:00 PM 7. Old Business A. Town Manager l' Mr. D'Agostino recommended, effective immediately, that the Selectmen lift the water ban. Motion: So moved. (Mahana- McCarter) All in favor. Passes. The Special Town Meeting Warrant will open on September 16 and close on September 30. Professor Mullin began working with the IDC; their next sessions are scheduled for September 18 and October 1. Mr. D'Agostino will be attending a meeting on Tuesday September 15 to discuss coordination of the holiday lights. A meeting is scheduled for September 10 with the School Superintendent to discuss the debt exclusion override and how to address the public on the issue. B. Selectmen Motion: Not to support the development of a water park. (Mahana- McCarter) (3 -0 -1) Selectman Robinson abstained. Passes. Clerk McCarter asked when plaques would be installed on the South Common benches with the names of their donors. Clerk McCarter also asked if a ceremony is being planned rededicating the common. 8. New business { A. Town Manager Town Manager D'Agostino reported that the Town Hall picnic is scheduled for September 16 from 11:30 - 2pm. Mr. D'Agostino will be providing hamburgers and hot dogs and music will be provided by D. I Steve Bishop. Clerk McCarter offered to make a donation towards the event. The United Way Campaign kick off is scheduled for September 22 at the Mansfield airport. B. Selectmen Clerk McCarter asked when the free cash amount would be established. 9. Adjournment -10:45 Motion: To adjourn. hana - McCarter) All in favor. Passes. G ( ". c " V r Clerk ignature Date of Approval