Meeting: Salem Licensing Board held Monday, February 13, 2012 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members Robert St. Pierre, Chairman and John Casey, Rick Lee, Investigator for the Board, Peter Baglioni and Melissa Pagliaro, Clerk.
Approved: Application for two One Day Liquor Licenses for the 18th & 19th of and Entertainment License for dates in May thru August. Applicant: Salem Jazz & Soul Festival. Present: Matt Caruso.
Mr. Caruso gave a short recap of the event. He said this will be the 6th year. He said to date they have donated over 25,000 to musical education. He said 90 of the events are the same except for a few added dates for entertainment in Derby Sq. He said the beer pavilion at the Willows will be the same other than requesting an extended area on the grass for people to sit. He also said they were possibly looking at having three gourmet food trucks. He said that this issue still needs Park and Rec approval.
Mr. St. Pierre said the LB should wait until Park and Rec approves any types of food vendors at the willows before allowing that.
Mr. Casey asked who would be serving at the Willows event.
Mr. Caruso said that Ipswich Ale is serving.
Mr. Casey asked about quantity control.
Mr. Caruso said they are using a ban and ticket system and will not be allowed more than 3 drinks per person. He also said there will be only one entrance and exit and only be served one drink at a time.
Mr. Casey motioned to approve the Entertainment Application Request for various dates May thru June.
Mr. Lee seconded.
Mr. Casey motioned to approve two One Day Liquor Licenses for 8/18 & 8/19/2012 at the Willows Pavilion.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for a One Day Liquor License. Applicant: Pamplemousse. Present: Diane Manahan.
Ms./ Manahan said that there will be various reps giving samples and various local restaurant serving food samples.
Mr. Lee asked where the event was being held.
Ms. Manahan said it was being held at Old Towne Hall.
Mr. Casey asked about entertainment.
Ms. Manahan said that a group of 5 called the Might Tidy will be performing. She said this is a one day benefit and it will raise funds Art Troploli which helps youth at risk.
Mr. Casey asked if they were a non profit and said if they were and she provided documentation of such the LB would waive the fee.
Ms. Manahan said they will use a punch card and there will be TIPS certified servers checking ID’s.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application to for a Seasonal License to be transferred to an Annual Beer & Wine License under the Conversion Acts. Applicant: Howling Wolf Taqueria and Café Polonia. Present: Pat Schultz and Darek Barcincowski.
Both owners said that both are applying for a Seasonal All Alcohol License and they also have a recently converted Annual Beer & Wine License. They said they would like the ability to serve all alcohol during the busy season.
Mr. Casey asked if their employees were TIPS certified.
Mr. Schultz said all of his staff is TIPS strained and that he has not had any incident with serving alcohol.
Mr. Barcincowksi said the same. He has had no problems. He said that there is not much else to add other that they are both just trying to finish up the process of getting the license they think they need to stay competitive. He said they did both investigate the two licenses that are avialiable and both said they have offers.
Mr. Casey said that is important because the LB is adhering to the guidelines regarding applications for seasonal licenses.
Mr. Casey motioned to approve.
Mr. St. Pierre asked the status of those licenses.
Ms. Rennard said that one has a deposit and one is going back and forth in court.
Mr. Casey motioned to approve both of the Applications for Seasonal All Alcohol Licenses.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Hearing: Hilltop Manor, Lodging House, 179 Boston Street. Present: Paul Dacey and Attorney Chris Drucas.
Mr. St. Pierre said he would like to have Det. Baglioni present the information to the LB for consideration and then give Mr. Dacey and Attorney Drucas a chance to speak and then hear from witnesses and then allow the Councilors and the public to speak.
Mr. Baglioni first presented a deed to Attorney Drucas showing both Mr. Dacey and Mr. Gaines as owners, a 2011 Lodging House Application with Paul Dacey listed as Manager and a Lodging House License issued to 179 Boston Street.
Det. Baglioni asked Mr. Dacey through his attorney what he called 179 Boston Street at the Lynn Drug Court.
Mr. Dacey said independent sober living.
Det. Baglioni asked Mr. Dacey approximately how many times he had been to Lynn Drug Court.
Mr. Dacey said 20 times.
Det. Baglioni asked if was true that there were meeting that took place on Wednesdays that sometimes included a judge, probation officers and sometime Mr. Dacey.
Mr. Dacey said yes.
Det. Baglioni asked if he characterized the Lodging House as a drug free environment.
Mr. Dacey said as independent sober living.
Det. Baglioni presented a document that said “House Rules” that was given to the LB by Mr. Dacey is June 2010. He asked if Mr. Dacey would read the highlighted area. He asked if it were true that residents could drink in their rooms just not in public areas.
Mr. Dacey said yes that is true.
Det. Baglioni asked then how it could really be sober living.
Mr. Dacey said those were the rules when they first bought the Lodging House but since then have changed the rules.
Det. Baglioni asked Mr. Dacey to read the new set of rules he gave to the LB at the last meeting. He said on this paper it says the tenants cannot have any alcohol.
Mr. Dacey said they changed the rules for a good reason.
Det. Baglioni asked Mr. Dacey if he has been back to the Drug Court since the death of two young men at the Lodging House.
Mr. Dacey said he has not been there since November.
Det. Baglioni asked Mr. Dacey if he was familiar with any documentation that has letterhead using the term Hilltop Recovery.
Mr. Dacey said he was.
Det. Baglioni asked what Mr. Dacey’s listed title is on that letterhead.
Mr. Dacey said it says he is the Administrator/ Director.
Det. Baglioni asked him to read the name under his name and asked him who that person is.
Mr. Dacey said the name is Dennis Torres and said he is a Level 1 Counselor.
Det. Baglioni asked how many letters went out on this letterhead for residents of this Lodging House.
Mr. Dacey said he had no idea.
Det. Baglioni said that he spoke with Mr. Torres and he claims there are at least 24 more letters out there.
Mr. Dacey said that people needed something to give to their probation officers but that he never signed those letters.
Det. Baglioni asked how many hours a week Mr. Dacey spent there.
Mr. Dacey said he was there lots of hours.
Det. Baglioni asked if Lynn Drug Court ordered people to his establishment.
Mr. Dacey said they referred them there.
Det. Baglioni asked exactly what that meant.
Mr. Dacey said that they had a choice and lots of people come to place while they await a permanent place to stay.
Detective Baglioni asked if the judge refers people to Lodging Houses.
Mr. Dacey said that the court refers them to Hilltop Manor through a licensed clinician.
Det. Baglioni asked again if the judge in Lynn Court refers people to a rooming house.
Mr. Dacey said yes.
Mr. St. Pierre said that they did not swear Mr. Dacey in at the beginning of the Hearing and would like to do so now. He asked Mr. Dacey to raise his right hand and take an oath that all of his testimony was the truth.
Mr. Dacey said swore to the truth.
Det. Baglioni went back to the letter and asked Mr. Dacey to read the requirements. He said that anyone living anywhere could get these same services. Mr. Baglioni referred to a letter from the Stare Public’s Relations Department. He said from looking at that email, he asked what Mr. Dacey would think.
Attorney Drucas said that that is not a proper question.
Mr. Lee disagreed and said that this is not a court of law.
Det. Baglioni said that Mr. Dacey has not gone back to the Lynn Court because of the release of the Superior Judge Courts statement. He said that Mr. Dacey has not been truthful with this Board.
Attorney Drucas said that Mr. Torres is here if the Board would like to hear from him.
Det. Baglioni said not necessarily tonight.
Attorney said he would feel better if the LB heard from Mr. Torres. He said that he thinks Mr. Torres can clear up some of these issues and he does not want to prolong this. He also said that he and his client would like to present the LB with some conditions of their own they came up with. He said that hearing fro Mr. Torres may be helpful to everyone.
Mr. Torres presented himself to the LB and said that he is from Newburyport and is a Licensed Drug Abuse Counselor, Level 1.
Mr. St. Pierre asked him where he went to school.
Mr. Torres said Northern Essex
Mr. St. Pierre confirmed he has a master’s degree.
Mr. Torres said he has a master’s level which is supervisory level.
Attorney Drucas asked who wrote letters on Hilltop Recovery letterhead.
Mr. Torres said that he did.
Attorney Drucas asked the purpose of these letters.
Mr. Torres said they were written for drug court. He said there are so many people waiting for places to go in Drug Court. He said that the court needed to see the services available. He said they are outside services and you cannot stop anyone from what they want to do. He said he has never actually been to the Hilltop Manor himself other than to quickly meet Mr. Dacey there. He said the letters were generated for drug court and he does give people referrals of where to get services. He said it is then their choice weather or not they use the services. He said that Hilltop was a temporary place to go while waiting to get into a place that provided services.
Attorney Drucas asked Mr. Torres where he worked.
Mr. Torres said he works for Link House. He said they are recovery houses. He said that Lynn is the only Drug Court on the North Shore he is aware of.
Mr., St. Pierre asked if he was paid at all by Mr. Dacey seeing as he put letters out saying he was clinical director at the Hilltop.
Mr. Torres said no he is not.
Mr. St. Pierre asked how many people were currently at Hilltop that had been referred there from Lynn Court.
Mr. Torres said no one now.
Mr. Casey asked on the average how much tenants paid for rent.
Mr. Dacey said $175.00 a week. he said again that they provide rooms for rent and if they want services they speak to Mr. Torres.
Attorney asked who made up the letterhead.
Mr. Torres said it was a concept he made up.
Attorney Drucas asked Mr. Torres what testing he was qualified to do.
Mr. Torres said drug screens.
Attorney asked what the difference between a sober house was.
Mr. Torres said he never really heard of licenses sober houses. He said he knows DPH is trying to make rulings on them.
Mr. St. Pierre asked the attorney where he was headed with this questioning.
Attorney Drucas said that he was trying to show that Mr. Torres was only trying to create a place in the middle for people, an interim.
Mr. Dacey agreed that he took people between April of 2011 and September of 2011 that were referred from the Lynn Drug Court. He said that the Recovery letterhead was made up by Mr. Torres and the owners were upset.
***Mr. St. Pierre called a 5 (five) minute recess.***
Det. Baglioni asked Mr. Dacey if it was his phone number listed at he bottom of the Hilltop Recovery letterhead.
Mr. Dacey said that is was.
Det. Baglioni asked Mt. Torres how long he had been in the field and what his degree was in.
Mr. Torres said for 15 years and his degree was in Human Services.
Det. Baglioni asked if all he could do was read urine screens and if he could give medication.
Mr. Torres said and counsel people, he said he did not give meds. He said he counsels people and manages the facility and if people ask for services he makes sure he refers them.
Det. Baglioni confirmed that Mr. Torres answer earlier was that Hilltop was an interim and that he made up the letterhead.
Mr. Torres said yes it was an interim place to stay and he made up and used the letterhead for Court and put Mr. Dacey’s name on it.
Det. Baglioni asked if was indeed hilltop Recovery.
Mr. Torres said that it is recovery manor or whatever it is named. He said the letterhead was only intended for the client and judge.
Det. Baglioni asked him if it was ok to mislead the judge. He asked if it was a recovery home.
Mr. Torres said if that’s what it says.
Det. Baglioni said that Mr. Torres said that most people do not use the services. He said that he is morally outraged that he would write a letter for a client to give to a judge.
Attorney Drucas said that there were 5 people at the time from Lynn Court there and they are gone. Currently there are no court referrals there. He said they have proposed some changes.
Det. Baglioni asked how many people are currently living in the Lodging House.
Mr. Dacey said 11.
Mr. St. Pierre said he will take those conditions under advisement and that he is closing this portion of the Hearing now. He said he will now hear from the public.
A neighbor named Ryan from Nichols Street said there have been many police calls to the Hilltop. He asked if anyone from Lynn Drug Court had ever attempted to go check this place out.
Joan Lovely, Councilor at large said that the issue of the report that the Dept. of Public Health issued will be taken up.
Mr. Drucas said that these people are required to check in with the Court every two weeks.
Mr. Shawn Callahan who resides at 179 Boston Street said that he moved in there December 8/ He said that he dislikes all the slander that has occurred in the papers. He said it is up to every person to be responsible for their own recovery. He said Mr. Torres helped him out. He said he goes to meeting and counseling and 179 Boston Street is quiet. He said it is unfortunate that people died there. He said Dennis and Paul helped him whenever he called.
Mr. Moscovitch, Ward 4, president of Gallows Hill Neighborhood Association. He said that there is a bad drug problem in this area. He said the neighborhood never had any input regarding this address and they thought it was just a rooming house. He said this was not for the betterment of the neighborhood. He said there are quality of life issues by the owners misrepresenting what they did to the LB.
Nick Canton, resident of 179 Boston Street said that said that court ordered violations thru Mr. Dacey, he said he went back to jail because of it. he said that residents there from Lynn Drug Court were under Mr. Dacey’s complete control. He said there were supposed to be therapy, urine screens and meetings in house. He said that his girlfriend was harassed by Mr. Dacey as well. He said there are two deceased people and good came of this place. He said that people were lied to and forced to go there by the drug court. He said that Mr. Dacey was not looking to help people and Mr. Torres was writing these letters to the court to gain a buck.
Mr. Brett Wakefal said he was also sent there by the Lynn Drug Court. He said thankfully he got out of there and is living is Saugus now. He said he personally fared well while he was there but that there is a lot of stuff going on there. He said he tried to tell Mr. Dacey of the happenings before the first death occurred. He said he notified that one of the men was using. He said Mr. Torres never knew him before tonight. He said it is bad over there. He said they gave a false sense of security.
Mike Wilson of Beverly said that he said that his concern is that a lot of these places are not regulated and there is a lot of room for misinterpretation.
Jay Levy of Beverly said that many individuals had been referred to this address because they had been in other programs. He said that if they were sent there because of violations on probation they were not there to casually participate in programs at their leisure. He said the court had to have believed that there were programs taking place there. He said the owners can call it what they will but they were knowingly acting as a sober house. He said the authorities that be need to create a better situation going forward and need to hold the owners feet to the fire for the actions that have happened.
Ed Ronan, resident of Bow Street, said that he is appalled that this is going on in his neighborhood. He said that he thought 179 Boston Street was always just a rooming house. He said he has been sober for 13 years and he thinks there are some great programs on the North Shore. He said that he thinks it’s a shame to bring people into a false sense of help. He said he applauds the City for going forward with some regulations.
Mr. St. Pierre said he would reopen the Hearing segment to accept documentation.
Ms. Karen Rivers said she is the mother of the second man found deceased at 179 Boston Street in a months time. She explained what happened and said she was stunned to hear of her sons death after she had made a call to Mr. Dacey to check on him for her. She said he told her after that he kicked all of the Lynn Drug Court people out of the premises. She said he neglected his moral obligation. She said he felt that my son had been using two weeks before and did nothing. She said his son should have been reported to the Drug Court. She said her son trusted this program. She said her son had a relapse and if Mr. Dacey had made one call he could still be alive.
***Mr. St. Pierre called a (10) ten minute recess. ***
Mr. St. Pierre began to read the conditions proposed by Attorney Drucas.
- Hilltop Manor shall not accept tenant referrals from the drug court;
- Every 60 days, the manager of Hilltop shall furnish to the Board’s Police Investigator the residential log for the facility and the manager shall also report to the investigator, within 48 hours, any violations of the house rules;
- If any tenant draws the attention of the police more than once, the tenant shall be evicted;
- Hilltop shall install cameras, on or before March 31, 2012, on all exterior doorways;
- Hilltop shall work with the Police Department to arrange for a key lock box so that police may gain access to the building through the front door;
- Hilltop shall hire a full-time manager; and
- Hilltop shall work with the Police Department to screen future tenants.
Mr. St. Pierre said that it would definitely be easier to completely revoke this license but the LB agrees that that action would not benefit the other residents there in the middle of winter. He said that he would now read into the record the proposed findings and a proposed motion.
Findings:
- There are currently 11 of 17 units rented with 12 tenants residing in the Hilltop Manor;
- Lodging houses serve a need in the community by providing low cost housing opportunities;
- The Hilltop Manor owners testified before the Board on January 23, 2012 that the lodging house is a facility with a sober living rules and not a sober house offering drug/alcohol recovery services. The house rules submitted with its application for a lodging house license, however, did not contain any such sober living requirement;
- Tenants have been referred to the Hilltop Manor by the Lynn Court and probation officers because they believed it was a recovery house with drug testing and services;
- The Lynn court and probation officers have ceased referring clients to Hilltop Manor;
- The Board’s special police investigator received a copy of a letter from a substance abuse clinician Dennis Torres in which he states that substance abuse services were being provided and/or coordinated at the “Hilltop Recovery;”
- The owners and manager were disingenuous when testifying before the Board on January 23, 2012 relative to its communications to the court and the operations of the lodging house;
- MGL c.140 and case law relative to the licensing of lodging houses provides that the Board shall license lodging houses when the facility is adequate, the proposed licensee has a good record of running a lodging house, and the manager is qualified and of good character;
The owners of Hilltop Manor do not have a good record of running this lodging house; and
The owner/manager Mr. Paul Dacey has been dishonest with the Board, let court officials, residents and their families believe services were being provided, e.g. drug testing, and as such, his qualifications and character are in question.
In light of these findings and the fact that the Board does not wish to displace existing tenants, the Board imposes the following conditions:
- The Lodging House License for 179 Boston Street, known as The Hill Top Manor, and co-owned by Mr. E. James Gaines and Mr. Paul Dacey be revoked, and that the execution of the revocation be held in abeyance for a period of twelve months. The Board, however, maintains its right to revoke the license if, after a hearing, it is determined that a violation has occurred, or in the alternative, if a violation is substantiated, a receiver appointed to take over the management of the facility. The city solicitor and attorney for the owner shall draft an agreement relative to this and other conditions voted by the Board;
- That the name of Mr. Paul Dacey, currently listed as manager of The Hill Top Manor, be removed from the license forthwith;
- That Mr. Dacey and Mr. Gaines provide Detective Baglioni with the name of a suitable person to serve as manager, and that the individual’s background and qualifications be subject to review by Detective Baglioni, including but not limited to a Board of Probation check, and that the individual, designated by the owners, sign a release authorizing the same;
- That Mr. Gaines and Mr. Dacey appear at the March 26, 2012 meeting of the Licensing Board, with a prospective manager, and that Detective Baglioni present to the Board his findings and a recommendation concerning the individual’s qualifications to serve as manger of The Hilltop Manor.;
- Until a new manager is approved by the Board, no new tenants may be accepted at the Hilltop Manor Lodging House, and should any vacancies occur during this period, the rooms shall be left vacant and not rented;
- That Mr. Dacey furnish the Board, no later than 4pm on Tuesday February 14, 2012, the names and unit numbers of all tenants currently in residence at the Hilltop Manor. This list should include the name, address and contact information of any agency, service provider or court that referred each of the listed tenants, if such a referral was made;
- Once a new manager of the Hilltop Manor is approved by the Board, he/she shall submit the name of any new tenant to the Board as rooms are rented, in a form provided by the Board;
- That the Board send a copy of the Licensing Board’s findings and decision to the Lynn District Court, any agency or provider identified in #6, and to each resident currently residing at the Hilltop Manor;
- That the owners of the Hilltop Manor submit to the Board the house rules for the Board’s approval at their March 26,, 2012 meeting;
- That Detective Baglioni report to the Licensing Board, at their regular meetings, all significant reports of police activity at the Hill Top Manor, and any other events, or actions, that he believes may imperil the safety and well being of the residents;
- That the Board communicate its findings and decision to the Police Chief and Police Community Impact Unit and seek their assistance monitoring the operations at the Hilltop Manor;
- At six month intervals, he licensing board investigator, accompanied by the Health Department, Building Inspector and Fire Prevention Inspector shall conduct an inspection of 179 Boston Street, and report their findings to the Licensing Board. Inspections shall continue until further notice; and
- At the end of this twelve month period, the Licensing Board will again review the operation of the Hill Top Manor and make a final determination as to the restoration or revocation of the License of the Hilltop Manor, co-owned by Mr. E James Gaines and Mr. Paul Dacey.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Mr. Casey also wanted to note that one of the rooms has two occupants, so 11 unites are rented with 12 occupants.
Mr. Lee said that he has sat quietly through all oft this but now wanted to say that once someone says something it cannot be taken back. He said that these people were drawn into a falsehood. He said that it is his opinion that this LB was lied to and the Court was lied to. He said he agrees with the recommendations as to not put people out on the street but this situation will never, never happen again.
Mr. St. Pierre warned Mr. Dacey not to cross the LB on this or the license will be revoked.
Mr. Casey said that Mr. Dacey lied directly to the LB. He said he has done a lot a people a great injustice. He said they he also agrees with decision as not to put people out on the street. He said the LB is doing a favor for the tenants not to Mr. Dacey.
Mr. St. Pierre said this concludes this Hearing.
Commun-
ications: NONE
Old/New:
Business: NEW:
Mr. Casey said he would like an item to be placed on the agenda for the next meeting to vote on increasing the Auto Dealers fee and the Street Performers fees.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Approved: Minutes from 1/23/2012 meeting.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: February 15, 2012
Approved: February 27, 2012
| 
