MONSON BOARD OF SELECTMEN
TUESDAY, APRIL 28, 2006
The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the conference room at 110 Main Street. In attendance were Richard E. Guertin, Edward S. Harrison and Kathleen C. Norbut. Also present were the Town Counsel, Town Administrator and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Mr. Harrison made a motion to accept the meeting minutes of April 11, 2006 – open session. Ms. Norbut seconded and it was so VOTED.
Hearing – Allegation of Liquor License Violation – Orange Lantern, Inc. d/b/a Magic Lantern:
The hearing was opened at 7:10 p.m. Mr. Guertin explained this hearing is regarding the alleged violation which took place at the Magic Lantern on or about March 17th, 2006. It was explained the Board of Selectmen in Monson also acts as the Alcohol Licensing Authority and as such, under Mass. General Law Chapter 138 Section 64, the Board has a right to call a hearing when something is alleged. The alleged violation involves individuals using the Magic Lantern premise to engage in sexual conduct for a fee, which is a violation under Mass. General Law Chapter 272 Section 53A. The Board of Selectmen could vote at the end of the hearing, to take no action at all, or to modify, suspend, revoke or cancel the liquor license. Police Chief Stephen Kozloski, Peter Pessolano, Attorney Thomas Rooke with an office at 73
Chestnut Street in Springfield, Mark Pessolano and Patrick Pessolano approached the Board of Selectmen. All parties were sworn in by Town Counsel, Ken Albano.
Attorney Rooke said he was not contesting anything and had no intention of questioning or cross examining any of the police officers, releasing any of the officers present in audience. Mr. Guertin told any officers wishing to leave the hearing, they may do so.
Chief Kozloski said he has a written general overview of the case from Sergeant James Boucher as well as two other written reports filed by the two undercover officers actually involved. Chief Kozloski read all three reports, paraphrased, into the record as was allowed by the Board of Selectmen.
Chief Kozloski, who was questioned by the Board of Selectmen, said no charges were brought against Joseph Pessolano who was the bartender that night and who was standing behind the bar, as the $20.00 fee was only for access to the back room, it was the two females who were identified as the primary parties involved in the sexual conduct for a fee. Mr. Albano said there is an on-going criminal investigation pending against these two female individuals which has nothing to do with the Magic Lantern.
Mr. Rooke noted the Pessolano brothers have owned this establishment for approximately twelve years. Chief Kozloski said subsequent to this particular investigation, he was made aware of some additional violations in 2000. This is the first violation of this substance or circumstance that Chief Kozloski said he is aware of.
Mr. Rooke described the inside of the Magic Lantern explaining an accordion type partition. On week nights, this partition is usually closed, but there is an opening in the partition as it doesn’t have a doorway. Chief Kozloski said this was correct. On the opposite side of the accordion partition there is a D.J.’s booth which has an open view into the corner area. Chief Kozloski said this was correct, but if someone were seated, he isn’t sure if the D.J.’s booth would have a clear view as there is a half wall on both sides. Chief Kozloski said on this night the partition was not closed and there was possibly a five to six foot wide passageway there.
Upon further questioning by Mr. Rooke, Chief Kozloski indicated no sexual activity involving the agents took place at the Magic Lantern that evening. Chief Kozloski said there is an additional report filed by the officer who transported the two individuals to the Police Station following their arrest, stating the officer did in fact believe there were some incriminating statements made by these dancers and at one point, one or both of the women indicated it was a scam to “hustle” guys out of money, that no sexual acts ever occur. The officer indicated in his report that on at least one occasion he suggested to the women to stop talking until they were at the Police Station.
Mr. Rooke said prior to the investigation on March 17th, on or about March 4th, there was an investigation conducted by Sergeant Landis of the Southwick Police Department, who was told by one of the dancers that touching isn’t allowed as they would get in trouble for that. Chief Kozloski said that was correct, but this female did go on to say, outside the establishment she was offering anything the officer wanted for $500.00 an hour. Mr. Rooke said this report further reflects that on March 11th, a week later, this Sergeant returned with another agent, entered the establishment stage area for approximately one hour and observed no criminal activity whatsoever. Chief Kozloski said this was correct. Mr. Rooke asked Chief Kozloski if he had the opportunity to contact Peter and/or Mark
Pessolano following the incident of March 17th. Chief Kozloski said he did speak with both Peter and Mark. Chief Kozloski added they were very respectful, very polite and they discussed some measures to prevent this type of activity from occurring again in the future. Chief Kozloski said he told Peter and Mark Pessolano at that time it would probably be a good start if these women were not allowed to return and the Pessolano brothers indicated they had no intention of allowing these two women to return. Chief Kozloski also said it was discussed and agreed at that time that it probably was not the best discretion to allow dancers, patrons or workers to remain unsupervised behind the supporting curtain and that any future dances should take place in the glass enclosed VIP room, which is in front by the common area of the bar. Chief Kozloski said private dances are legal as long as there is no violation of the Chapter that deals with morality, Chapter 272 Section 53A. Chief
Kozloski said he was satisfied with the response given to him by the management of the Magic Lantern as a result of meeting with them following the incident.
Mark Pessolano said his brother Joseph had gone home for about an hour to change that evening as he worked a thirteen hour shift, but normally he sits right in the open doorway to watch both the front and back areas.
Mr. Guertin said it seems as though this had been going on for some time in order for the Police Department to hear about it. Mark Pessolano said the women had only been working at the Magic Lantern for approximately two months with a total of eight to ten shifts each and feels instead the establishment had been set up by an employee who had been recently terminated, who at that time threatened to get even. Mr. Pessolano also said maybe they need to install security cameras as well.
Ms. Norbut added it is degrading to the individuals involved with the illegal activity, degrading to the establishment and degrading to the community when something like this happens and felt it was very unfortunate that young scholars of the community were present in the audience and had to sit through this hearing before getting to their issue and Ms. Norbut said she was looking for steps to be taken to prevent this from ever happening again.
Patrick Pessolano said the ABCC has been inside the Magic Lantern and remarked how nice and bright the lighting is. Mark Pessolano said they have been in business at this location for twelve years. They work with the town, town officials, police and the community to keep a good name and said this hurts them more then the Board of Selectmen could imagine. Ms. Neggers added the Orange Lantern d/b/a Magic Lantern has been in business since 1953. Mr. Rooke added, with the exception of the incident in 2000, they have been incident free and they are trying hard to rectify this. Mr. Guertin mentioned there were other incidents dating back to 1966, prior to the Pessolano’s ownership.
Mr. Guertin and Mr. Harrison agreed based on the testimony of the officers, a violation clearly did occur, but feel this didn’t establish there was a lot of, or any, complicity on the part of the management and Mr. Harrison feels the key thing to do is to move forward to do everything in the power of the management of the Magic Lantern to make sure it doesn’t happen again.
Ms. Norbut thanked the officers and the Eastern Hampden County Narcotics Task Force for a job well done and added the reports are so well collated and presented, it is clear the solicitation did occur, and no one denies this. Mr. Guertin said he felt there needed to be a suspension of the license for some period of time to get the attention that this can’t happen again. Ms. Norbut said she was thinking of possibly a three day minimum and a fourteen day maximum. Mr. Guertin said in the past actions, some were thirty days and forty-five days for inappropriate touching between a dancer and a patron and he felt this was a more serious offense. Mr. Albano said there are no guidelines and cautioned the Board of Selectmen to look at this particular incident and not compare this incident with what happened years ago,
because it was different management and times have changed. Mr. Albano said any decision made tonight is subject to an appeal by Attorney Rooke, and the ABCC would have a look at whether or not the decision made was too harsh. Mr. Albano added he has done a lot of liquor license work in the Springfield area, as has Attorney Rooke, and his experience is that the suspended license from the financial standpoint, the severity of the violation, needs to be a well proven fact. Mr. Harrison said he agreed with Ms. Norbut that the severity here just doesn’t seem to be there to impose anything like a thirty or forty day penalty and felt seven days would be fine. Ms. Norbut said she was in that range and agreed seven days seems to be a workable amount.
Ms. Norbut made a motion to impose the seven day license suspension with notification and dates to be decided at a future date based upon the finding of this evenings hearing. Mr. Harrison seconded and it was so VOTED.
The hearing was closed at 8:05 p.m.
Destination Imagination with Donation Request:
Tom and Shelley Greene approached the Board of Selectmen along with three students participating on this years’ Destination Imagination team, Jessica Morgan, Josiah Durham and Brooke Evans, seeking a donation to help the team travel to this year’s competition. Mr. Greene said this will be the 5th year in a row for Monson’s participation in the Destination Imagination program. $10,000.00 will be needed to send the team to Tennessee this year for competition, as the plane fares have gone up along with everything else. Mr. Greene thanked all the businesses in town and the private individual donations received so far. Anyone wishing to make a donation should make the check payable to the Monson PTSA and send it to the Monson High School in care of Destination Imagination, designating that it is
for Destination Imagination.
Mr. Harrison made a motion to donate to the Destination Imagination team the sum of $1,200.00 from the Gifts to the Town Account. Ms. Norbut seconded and it was so VOTED.
Award South Main Street School Consultant Contract:
Eight proposals were submitted for the consultant contract on the South Main Street School building, with Weston & Sampson being the lowest bidder. Ms. Neggers said a committee at the Pioneer Valley Planning Commission and Building Inspector Chip Lapointe, read the proposals and ranked them according to criteria that were set forth in the RFP. At the conclusion of that process, the price proposals were opened. The recommendation is to award the proposal to Weston and Sampson.
Ms. Norbut made a motion to accept the proposal presented by Jim Gray of the Pioneer Valley Planning Commission and to award the evaluation to Weston and Sampson. Mr. Harrison seconded and it was so VOTED.
Review Technology Planning Proposal:
Ms. Neggers said Monson doesn’t have an IT department, IT staff, and Monson doesn’t really have an IT budget, but Monson has IT. Ms. Neggers said Monson has CMD Technology, an outside firm from East Longmeadow, who the town contracts with on an annual basis to maintain the network and computer systems. It was explained Monson has hit a plateau and needs to decide where to go from here. Ms. Neggers met with Charlie Christiansen and Rick Feldman to ask them if they would put together a proposal on where to go from here. The Board of Selectmen had before them the proposal with a series of exercises and plans to point Monson in the right direction in the future. Ms. Neggers said there is approximately $16,000.00 in the revolving fund for this. Ms. Neggers would like to proceed with their $4,000.00 plan which is
for them to work 8 ½ days, mostly on-site. It basically reviews where we’re at now and includes interviews with all the different departments regarding how they are using technology, what they are using, and it documents gaps and how we are doing things. Mr. Harrison said he was in favor of doing the $4,000.00 proposal.
Mr. Harrison made a motion to accept the proposal of Rick Feldman and the CMD Technology Group for the 8 ½ day study of the entire town and all of it’s departments for the figure of $4,000.00. Ms. Norbut seconded and it was so VOTED.
Correspondence was read and completed.
In Other Business to Come Before the Board of Selectmen:
Ms. Neggers said people should call representatives to ask “how is it going”, and to put the pressure on the Chapter 70 education money.
Ms. Norbut reminded the community of the up-coming Bulky Day on May 6th and the Town Wide Clean-up on April 29th. And also, the May 20th Board of Health - Health Fair at the Town Administration Building and the May 8th Annual and Special Town Meetings.
At 8:40 p.m., Mr. Harrison made a motion to adjourn from open session to go into executive session for collective bargaining discussion (IBPO; AFSCME), not to return to open session. Ms. Norbut seconded and it was so VOTED.
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Kathleen C. Norbut, Clerk
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