MONSON BOARD OF SELECTMEN
TUESDAY, DECEMBER 18, 2007
The regular meeting of the Monson Board of Selectmen convened at 7:00 p.m. in the Conference Room at 110 Main Street. In attendance were Edward S. Harrison, Kathleen C. Norbut and Richard E. Guertin. Also present were the Town Administrator and the media.
The Pledge of Allegiance was recited.
Approval of Meeting Minutes:
Ms. Norbut made a motion to accept the meeting minutes of December 11, 2007 – open session, as amended due to a few typographical errors. Mr. Guertin seconded and it was so VOTED.
Orange Lantern, Inc., d/b/a Magic Lantern – License Violation Hearing – Sale of Alcohol to Person Under Age of Twenty-One in Violation of M.G.L. Chapter 138, Section 34:
Mr. Harrison opened the hearing at 7:10 p.m.
The owners of the Orange Lantern, Inc. d/b/a Magic Lantern, Mark, Peter and Patrick Pessolano along with their Attorney Thomas J. Rooke of Springfield and Monson Police Sgt. Nicholas Gasperini approached the Board of Selectmen.
Sgt. Gasperini explained, Police Chief Stephen Kozloski in keeping with M.A.D.D.’s compliance check protocol, had sent notices out to all licensed alcohol establishments in the Town of Monson during the week of October 22, 2007 indicating the Police Department would be conducting compliance checks in the upcoming months, making them aware of the fact that in cooperation with the Monson Police Department, a youth under the age of twenty-one would be attempting to purchase alcohol. The Magic Lantern was one of two establishments in town where the under-aged female was successful in purchasing alcohol, which resulted in this formal hearing tonight.
Sgt. Gasperini explained the sting operation which took place on Saturday, November 10, 2007 stating the under-aged decoy and a supervisor came out, from the Western Mass. Center for Healthy Communities, subcontracted by M.A.D.D. Due to the concerns of the supervisor regarding the type of business conducted at the Magic Lantern, she went in with the decoy. Five minutes later, they came out and reported to Sgt. Gasperini the under- aged female had been successful in being served at the bar. Sgt. Gasperini then went inside and advised one of the owners, Peter Pessolano, what had just occurred. The bartender stated he did not check the license as there was a doorman on who should have been checking the licenses. If there had not been a doorman present, the bartender would have checked. The doorman had just been hired, with
this being his third or fourth night. Sgt. Gasperini said Mr. Pessolano was extremely unhappy with the doorman’s performance and terminated him immediately. Mr. Pessolano agreed the event did happen, as just described by Sgt. Gasperini.
Attorney Rooke said his clients have never, in the seventeen years they have been in business, been caught during any of the previous compliance checks serving alcohol to minors as they take this very seriously. It was explained it was up to the doorman to pick up on the age of patrons coming into the establishment. Usually, once anyone is past the doorman, it is assumed they are of legal age, unless they look young in which case they will be asked for an ID a second time by the bartender or owners. Since this girl came in with an older woman, it was assumed it was her mother, which Attorney Rooke stated gave a false representation when this wasn’t done at any of the other establishments checked. Attorney Rooke noted again, the doorman working on this night was new and had only been on the job three or four nights.
He was fully aware of the warning regarding the compliance check; the letter sent by Chief Kozloski was hung right next to his booth. Due to this incident, the owners are doing everything possible to make sure it doesn’t happen again. It was explained one step they have taken is they have purchased a $1,500.00 to $1,700.00 scanning device to check licenses. This device will automatically provide the age of the person, tell if the license is authentic or a fake, and if the license is valid or if it has been suspended or revoked. Attorney Rooke was requesting a verbal warning as he said that is established in the guidelines set by the A.B.C.C. since this was the first offense for the Magic Lantern, with the punishment getting progressive with each offense thereafter.
Ms. Norbut noted, a very serious violation did occur and felt the Board of Selectmen, in making their judgment, should stand behind the Monson Police Department in setting a precedence for future violations by recommending a one day suspension of the liquor license for the Magic Lantern, on a day of their choosing, as a more appropriate form of reprimand verses the requested verbal warning, in taking into consideration the very prompt decisive action taken by Mr. Pessolano that night. Mr. Guertin said he felt the actions taken that night along with the purchase of the device, were pretty significant along with the fact that out of seventeen years in business, this type of offense had never occurred prior to this night, and therefore felt maybe they should consider what Counsel had recommended, the verbal warning, getting
tougher if this were ever to happen again. Mr. Guertin stated he did understand what Ms. Norbut was saying too, but added there are times when a reasonable board has to make reasonable judgments and in this situation, they understand what has happened and they have remedied the situation and doubts the Board will see them again on a violation of this type. Ms. Neggers explained as far as she is aware of, sting operations of this type have been conducted randomly since 1994.
Ms. Norbut made a motion to suspend the liquor license for the Orange Lantern, Inc. d/b/a Magic Lantern for one day, of their choice, due to the sale of alcohol to a person under the age of twenty-one in violation of Mass. General Law Chapter 138, Section 37. Mr. Harrison seconded. Ms. Norbut aye, Mr. Guertin nay, Mr. Harrison aye.
It was noted that the Orange Lantern, Inc. d/b/a Magic Lantern now has the option to appeal the decision with the A.B.C.C. if they wish.
The hearing was closed at 7:45 p.m.
10th Planet LLC, c/b/a 10th Planet Pizza – License Violation Hearing – Sale of Alcohol to Person under Age of Twenty-One in Violation of M.G.L. Chapter 138, Section 34 (7:20 p.m.):
Mr. Harrison opened the hearing at 7:45 p.m. The half owner of the establishment was present for the hearing, but the manager Lauren McIntyre was not present due to an illness.
Ms. Norbut made a motion to continue this hearing on January 8, 2008 when Ms. McIntyre could be present. Mr. Guertin seconded and it was so VOTED.
Change of Manager Request – Quaboag Riders, Inc.:
President for Quaboag Riders, Inc. James O’Connell along with the proposed new manager Mark Perry approached the Board of Selectmen.
Mr. Perry stated he has been a bartender for seven years, but has not attended any classes. Mr. Perry agreed to take the T.I.P.S. course within the next six months.
There was no one in the audience to speak for or against the change of manager for the Quaboag Riders, Inc.
Mr. Guertin made a motion to approve Mark A. Perry as the new manager for the Quaboag Riders, Inc. Ms. Norbut seconded and it was so VOTED.
FY 2009 Budget – Preliminary Discussion – Finance Director:
Deborah Mahar approached the Board of Selectmen and handed them copies of the preliminary budget requests she had put together compiled from budgets which were recently submitted from town departments, along with the revenue projections. Ms. Mahar said there are six departments that still have not submitted budget requests, the Finance Committee, the Conservation Commission, the School Department, the Cemetery Department, the Veteran’s Agent, the Library and Pathfinder Regional Vocational Technical High School. In projecting the FY ’09 budget, she has level funded the six departments using the same dollar amount as appropriated for the current fiscal year. Ms. Mahar explained right now the FY ’09 budget is minus $93,000.00 with level funding the School, Pathfinder and State Aid. Also, Ms. Neggers stated
the contract hasn’t been negotiated yet for municipal employees, therefore it doesn’t include any salary increases. It does include pensions, as they did receive the assessment from the Hampden County Board of Retirement; health insurance was estimated with a projected 12% increase.
Ms. Neggers explained they have been trying to implement a new process by trying to have an earlier submission of budgets for review, in order to allow for more discussions and establish priorities. The departments were asked to return their budgets in November. The Finance Director said she really needs the level funded service budget from the School Department to know what they will be requesting as far as personnel. Ms. Mahar explained the net school spending varies greatly from year to year. Karen Patenaude, who was in the audience stated she was unaware until just now that the budget for the School hadn’t been submitted and said she would check into it.
Mr. Guertin suggested, and Ms. Mahar agreed to do a follow-up regarding the much needed submissions of the remaining budgets in writing with a deadline in January, and said she would call Pathfinder to speak with them regarding their budget as well.
Ms. Neggers announced there is still a vacancy on the School Committee.
Ms. Mahar said she will be inserting a flyer with the property tax bills which will be mailed out within the next couple of weeks regarding an increase in property taxes of more than 3 1/2 %, to help residents understand how the new tax figures were formulated, listing her office telephone number as well as the Assessor’s telephone number for anyone with additional questions to call. Ms. Norbut suggested posting this information on the town’s web site as well.
Mr. Guertin thanked Ms. Mahar and Ms. Neggers for all the work they have done regarding the FY ’09 budget.
Release of Audit Report of School Dept. Reimbursements:
Mr. Harrison explained during a recent meeting, the Board of Selectmen had agreed to seek closure regarding the situation of allegations of misconduct by the Superintendent of the Schools relative to some reimbursements which had taken place. The Board of Selectmen had asked Powers & Sullivan, an auditing firm for the town, to examine the records. This was done and basically nothing was found that would call for any action on the part of the Board of Selectmen. Mr. Harrison said he would like to hand it back over to the School Committee, as the auditor did find some policy issues, but no attempted fraud.
Mr. Guertin said the audit has served its purpose and nothing serious is taking place. He agreed with Mr. Harrison’s statement from the Select Board’s perspective, they are satisfied there aren’t any serious issues.
Ms. Norbut agreed as well and felt bringing in the third party and doing the audit was a wise decision, and also agreed to now send it back to the School Committee.
Ms. Neggers said she has provided a copy of the audit to the School Superintendent and the Chairperson of the School Committee.
Correspondence was read and completed.
There wasn’t any other business to come before the Board of Selectmen at this time.
At 8:55 p.m., Mr. Guertin made a motion to adjourn from open session. Ms. Norbut seconded and it was so VOTED.
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Richard E. Guertin, Clerk
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