Board of Selectmen
July 28, 2008
A meeting of the Board of
Selectmen was called to order by Chairman Joseph Montecalvo at 7:00 PM, Northbridge Town Hall, 7 Main Street, Whitinsville,
MA. Present: Messrs. Ampagoomian, Montecalvo, Marzec, Nolan
and Melia. Theodore
D. Kozak, Town Manager was not present and it is duly noted.
The Pledge of Allegiance was
recited by those present.
Citizens’
Comments/Input. John
O’Brien, 17 Cliffe Road, Whitinsville, 15 years old, a sophomore in the Northbridge High School. He briefly spoke on behalf of the sophomore
class about the unregulated content of a show that was aired on the local
access channel and felt that it was inappropriate for kids his age and below to
view. He expressed his concerns on the
show being disgusting and distasteful and hopes the Selectmen can protect the
children in town by stopping the airing of these types of shows on the local
access channel. Joseph Darrel
Kulesza, 281 Samuel Drive, Whitinsville, shared his concerns with the
Selectmen about their lack of action with respect to the airing of an obscene
show on the local access channel. He
felt the town should deal with the issue in a clear and decisive manner. The producers should not be able to broadcast
obscene shows at any given time. Paul
Buma, 218 Hill Street, Whitinsville, mentioned that the Selectmen have to
make a decision tonight to allow or not allow producers to air obscene shows at
any given time. He is asking that the
Board of Selectmen vote to approve the newly enforced Cable Policy Manual. Carrie Maynard, 116 East Street,
Whitinsville, mentioned she is upset with the possibility of the new board
rescinding a previous boards vote with respect to the location of the cable
studio. She feels the Town needs to move
forward not backwards. That said, she
mentioned she hopes the Selectmen approve the new cable policy manual and
protect the residents in town from having to view obscene material and sodomy
on the local access channel. Patrick
McGowan, 78 Heights of Hill Street, Whitinsville, expressed his concerns
about the local access show that aired.
Charles B. Adams, Folk Musician/Requests permission to
use Whitinsville Town Common to play music. Mr.
Adams appeared before the Selectmen to
request permission to play his music on the Whitinsville Town Common. Chairman Montecalvo mentioned that they only
allow non-profit organizations. He informed Mr. Adams to contact Ken Taylor,
Playground and Recreation to speak with him as his group plays on the Town
Common. A motion/Mr. Ampagoomian,
seconded/Mr. Marzec not to allow Mr. Charles Adams, Folk Musician to use the
Whitinsville Town Common to play music. Vote
yes/ Unanimous.
St. Patrick’s Lease/Vote to affirm. Chairman
Montecalvo mentioned that there was a problem with the lease. The changes that Kopelman and Paige submitted
were never updated. The School
Department signed the old lease agreement and sent it to their attorney, Timothy
Wickstrom. Town Counsel [Kopelman and Paige] suggested that the Selectmen pass
over until further notice. A motion/Mr.
Ampagoomian, seconded/Mr. Nolan to hold off on voting the St. Patrick’s lease
until Town Counsel speaks with Town Manager Kozak about the updates. Vote yes/Unanimous.
Cable Studio Location [High School]/Vote to rescind
prior vote of the Board. Selectman Nolan mentioned that he is adamantly against
changing a vote that was made by a previous board. Selectman Marzec feels the
cable studio should be located at the High School and is upset that the current
Board is voting to rescind the previous Board of Selectmen’s vote. He is also upset with the fact that a fellow
Selectman asked Mr. Jerry Bagdasarian to step down from the Cable Advisory Committee
so that Harry Berkowitz could come aboard. Selectman Melia gave his reasons for not
wanting the cable studio located at the high school and until he hears the
other options from the Cable Advisory Committee, he will continue to vote this
way. In response to Selectman Marzec’s
comments earlier this evening, Selectman Ampagoomian stated that he approached
Mr. Bagdasarian to advise him that he could no longer support him as a member
of the cable advisory committee and that *Selectman
Marzec should have contacted Selectman Ampagoomian at home to find out why he
was not supporting Mr. Jerry Bagdasarian as a member of the Cable
Committee. Selectman Ampagoomian
informed Mr. Marzec that he did not call Mr. Bagdasarian at home but that he
spoke to him at Walmart in Whitinsville. Selectman Ampagoomian mentioned
that everyone thinks that the cost of cable is the taxpayer’s money. This couldn’t be further from the truth. Cable does not cost the residents in town a
penny if they don’t have the service. Selectman
Ampagoomian also mentioned that he is against the cable studio being located at
the high school and would like the cable advisory board bring forth other
options. A motion/Mr. Melia, seconded/Mr.
Ampagoomian to rescind the prior vote of a Board of Selectmen’s meeting on May
19, 2008, where Town Manager was to negotiate and sign a minimum 5-year
agreement with the Northbridge School Administration to place the Northbridge
Cable Studio in the High School. Vote yes/Messrs. Melia, Ampagoomian and
Montecalvo. Vote no/Messrs. Nolan and
Marzec.
Rules and Regulations for Cable Policy. Present:
Kopelman & Paige, Attorney
William Hewig. Attorney Hewig reviewed
the proposed cable policy manual and offered his recommendations on the policy
relative to language, freedom of speech, and adult content. He recommended that the following sections in
the policy manual be amended and/or adjusted as follows: an establishment of the community standards
review board. The board would be comprised
of 3 citizens: one member would be selected by the Board of Selectmen; one
member appointed by the Cable Advisory Committee, and one member who is a local
producer, and who shall be selected by the other two members. The purpose of the community standards review
board would be to screen any suspected indecent and/or obscene material and
make a preliminary determination about whether they are indecent and/or
obscene. That said, the Board would need
to schedule the show between Midnight and 4 A.M. and specify the appropriate
warning messages for viewers. After
meeting the following criteria, the Community Standards Review Board can make
the decision to say yes or no to any producer about the airing of a show. Any producer or sponsor who has caused the
airing of a least two live shows containing obscene material shall be denied
any further use of access facilities for live production. The Board of
Selectmen each expressed their thoughts and concerns relative to the
recommended changes. Attorney Hewig
provided the Board with some free advice by suggesting the Town form an access
corporation. By having an access corporation,
the liability would be limited. A
motion/Mr. Marzec, seconded/Mr. Nolan to move “Rules and Regulations for Cable
Policy” from discussion to decision. Vote yes/Messrs. Marzec, Nolan, Melia and
Montecalvo. Vote no/Mr. Ampagoomian. A motion/Mr. Marzec, seconded/Mr. Melia to
accept the Rules and Regulations for the Cable Policy as amended. Selectman Ampagoomian mentioned that he has
too many questions and concerns about the policy to vote on it. Chairman Montecalvo asked Attorney Hewig if
the Board of Selectmen could make any changes to the policy later on and he
replied “yes”. That said, Selectman
Marzec mentioned there is a motion on the floor. A motion/Mr. Marzec, seconded/Mr. Melia to
accept the Rules and Regulations for the Cable Policy as amended. Vote yes/Messrs. Marzec, Nolan, Montecalvo,
and Melia. Vote no/Mr. Ampagoomian.
Town Manager’s Report. None
Selectmen’s Concerns. Selectman Marzec 1) Follow-up on High School Fields 2) Causeway Issue – Chairman Montecalvo mentioned the town does
not own the causeway. The Whitinsville
Water Company owns it. 3) mentioned that he received many
phone calls and emails regarding the cable show that aired with pornography. He
thinks the tape should be sent to the proper authority for handling and would
be more than willing to provide a copy of the tape to anyone who wishes to view
it. Selectman
Melia 1) mentioned that the Sewer/Water Rate Issue (2 meters) should be
discussed at a future meeting for review. Chairman Montecalvo mentioned there was a fire
at 61 Meadow Pond Road,
Whitinsville, MA
and there were no injuries.
Items for Future Agenda.
A motion/Mr. Marzec,
seconded/Mr. Nolan to adjourn the meeting.
Vote yes/Unanimous.
Meeting Adjourned: 9:30 P.M.
Respectfully
submitted,
Daniel
Nolan, Clerk
dg/
* At their
regularly scheduled meeting of September 8, 2008, the Board voted to amend the July
28, 2008 minutes as follows: Under Cable
Studio Location, Line #10, insert the following language: “Selectman Marzec
should have contacted Selectman Ampagoomian at home to find out why he was not
supporting Mr. Jerry Bagdasarian as a member of the Cable Committee. Selectman Ampagoomian informed Mr. Marzec
that he did not call Mr. Bagdasarian at home but that he spoke to him at Walmart
in Whitinsville.