The Board of Selectmen met this evening with Chairman William Hardin presiding. In attendance were Jeffrey Tufts, Frederick Clark, Patricia Webster, Carla Goodwin and Town Adm. Kevin Paicos.

On Clark’s motion, seconded by Goodwin, the Board voted unanimously to approve General Minutes dated 11/30/98, as amended.

On Goodwin’s motion, seconded by Hardin, the Board voted 2-1-2 to approve General Minutes dated 12/7/98, as amended. Clark opposed. Webster, Tufts abstained.

On Webster’s motion, seconded by Tufts, the Board voted 4-0-1 to table General Minutes dated 12/14/98. Clark abstained.

Paul Marino, Sr., Christopher Marino in attendance.

Hardin noted that all paperwork was in order.

Clark’s motion, seconded by Webster, to approve the Change of Manager for Paul’s Fine Wines from Paul Marino, Jr., to Christopher Marino, was not voted at this time.

Tufts questioned what the change would be RE: the number of hours of the new Manager on the premises. P. Marino, Sr., noted there will be no change, the new Manager will be on the premises the same amount of hours. Hardin cautioned RE: checking ID’s, noting that the only acceptable ID is a Mass. Drivers License.

Clark urged C. Marino to attend the Police Dept. classes on alcohol issues.

At this point in the meeting Selectman Webster left during discussion and voting.

Attorney Lou Cassis, Chief Stanley Bates, Officer George Allen, Attorney J. Silverstein, Michael Richard, Jason Skinner, Russell McAulay, Kate Downey, Cathy Richard, Joseph Tracy in attendance.

Hardin read the notice sent to the License Holder. Hardin swore in all those who will be testifying during the Hearing.

Attorney Lou Cassis called Officer George Allen, and reviewed the key items in the Incident Report I9802467 dated 3/7/98. (ON FILE IN THE SELECTMEN’S OFFICE).

Cassis noted that there were two people charged criminally following the investigation, and questioned if the Police Department is familiar with the two people. Officer Allen stated yes.

Attorney Silverstein questioned if G. Allen did the complete investigation, and he stated yes. Silverstein noted that G. Allen spoke with M. Richard 5 days later, and that after his conversation, M. Richard served a no trespassing notice on the 2 assailants. G. Allen agreed. Silverstein noted that G. Allen saw J. Skinner two days after the incident. Silverstein noted that Skinner arrived at the Union Villa at approx. 8-8:30, he was there with Kate Downey, Russell McAulay and Brent Cleary, that Mr. McAulay purchased a pitcher of beer, and Skinner stated he had some of the beer, approx. 1 or 2 glasses. Silverstein stated there were looks that started between the two groups. Silverstein asked if G. Allen was familiar with the Villa and the two entrances. G. Allen stated yes. After reviewing the above referenced Incident Report with Officer Allen, Attorney Silverstein stated that the meat of the matter is that this is an investigation of criminal activity. Silverstein commended Officer Allen on the quality/completeness of his report. At this point Officer Allen showed Attorney Silverstein and the Board of Selectmen the pictures of Jason Skinner.

At this point in the Hearing Jason Skinner was called. He noted he currently works as a Bell Atlantic Technician, but at the time of the incident worked for USA Recycling. Skinner noted he went to the Union Villa for pizza and drinks and to watch the Bruins game. He was there with K. Downey, R. McAulay and B. Cleary. He noted he had been there before for pizza. He noted he arrived approx. 8:30PM, as well as his friends. He noted that McAulay bought a pitcher of beer with glasses. He noted B. Cleary was already 21 and that K. Downey, who was under 21 at the time didn’t drink. He noted even though he was underage, he drank 2 glasses of beer. He noted that both McAulay and Cleary bought a pitcher each of beer, but they didn’t finish the second pitcher when they left. He noted that some eye contact caused tension around 10PM, but that the first hour there were no problems. He noted that at 10PM two people playing darts came over to their booth and sat down. He explained that the placement of their booth. He noted that due to where he was seated he hadn’t seen the eye contact, but that McAulay told him about it. He noted there were 10 people in the "Dart Group", and two of them arrived at our table. He said a lot of insults were made by them, in particular that it was their place and that this group (meaning Skinner’s group) didn’t belong and should leave. He noted that McAulay made comments back, but that he didn’t. He noted that this group kept eating and then M. Richard came over to the table and stated that guys at the bar told him that the "dart group" were upset with them and may start a fight, and asked us to leave ASAP. Cassis questioned if the "Dart Group" were drinking, Skinner stated yes but he didn’t know how much. He noted that after M. Richard came to their table, within 10-15 minutes first Brent left, then he, Kate and Russell. He noted that Brent left through the side door, but the three others left through the front door, because he was parked there. He noted that when they reached the second door in the vestibule he heard words being said and saw K. Downey was being pushed out by the "guys". He then went to move toward her, and they hit him and he went down. He noted he was kicked repeatedly in the face, a lot, enough to sustain a concussion. He noted he went home first then the next day went to the Hospital where he was treated with ice packs, had X-rays, was given pain medication, and was out of work for 1 1/2 weeks. He noted he is OK now. Cassis asked if he had ever seen the "dart guys" before. Skinner stated no.

Attorney Silverstein noted that Dan Shine was there with them for only 1 hour and that he is 21. Silverstein noted that there were 3 of age to drink at the table and then 2 under age. Silverstein asked if Skinner had soda, Skinner stated, not at first, but with the pizza. Silverstein questioned if Skinner purchased beer, and he stated no. Silverstein questioned how Skinner got to the Villa, he stated with Dan Shine and they sat in a booth and ordered pizza. He then stated that soon Russell, Kate and Brent arrived. He noted that Dan Shine ordered a bottle of beer when he first arrived. After that Russell purchased a pitcher when he arrived. Silverstein questioned if Skinner saw Shine get carded, and he stated no he wasn’t watching. He noted that McAulay and Cleary went to the bar for the pitcher and glasses. Skinner stated that he had 2 glasses within the 2-3 hours he was there. In response to Silverstein’s observation, Skinner stated yes I knew this was wrong because I was under 21 at the time.

Silverstein questioned where Skinner sat in the booth. Skinner stated he had his back to the dart board. Silverstein questioned when the "dart group" and "your group" clashed. Skinner noted not until they came and sat down and started insulting us. Silverstein then noted that M. Richard came and advised "your group" to go out the side door. Attorney Silverstein stated that Skinner wants money out of this incident, and Skinner noted he will see what happens. Silverstein questioned if that fact is skewing Skinner’s testimony, and he stated no. Silverstein stated that Skinner said something to the "dart group", but Skinner stated he didn’t say anything when leaving to the "dart group". Silverstein noted that Skinner drove home. Skinner noted he did but with some difficulty seeing, he made it home. Silverstein questioned if Skinner would have had the problem if he had gone out the side door, Skinner stated he didn’t know.

Kate Downey called at this time. She noted she is a medical assistant for the past 1 1/2 years. She noted she arrived at the Union Villa after 9PM and Skinner was already there. She noted she had supper, pizza and mozzarella sticks and coke. She noted that at the table Russell and Brent had beer from pitchers. She was sitting near the Karaoke and two guys came and sat in their table next to Skinner and exchanged words, such as you don’t belong and what are you doing here. She noted that Skinner didn’t say anything back to them. She noted that she stood up between both and said "act your age". She noted that a female from the kitchen then came and asked if things were OK. Someone then said leave in a few minutes and we did. She noted she was in the bathroom at that time, but then they left, but she didn’t hear anyone say leave through the side door. She noted that she was sitting facing the dart board and saw the "Group" drinking. She noted she went out the vestibule door and was the last one out. She turned around and the "Dart guys" were behind her in the foyer, she stated we’re leaving. At that time she was hit with a closed fist in the face, and really felt it. She stated she kicked at the person in self defense and then everyone else came out, like a rush. She noted she didn’t see Skinner until afterwards. She noted she ran for her car and

she asked Skinner to go with her. She noted that when she saw Skinner he was covered with blood. She noted that Russell was also dripping with blood, as he had been hit over the head with something. She noted she talked to her parents the next morning. Silverstein noted that M. Richard separated the 2 "groups" once the fight occurred outside. Downey noted she was not sure of that because she ran to her car. Silverstein noted that she left with Russell, and had to fight with him to leave. Downey noted she left with Russell, but that she was yelling at him, he was obviously very upset at what had happened. Silverstein stated that Russell was trying to get out of the car, banging on the door. Downey stated no, he was upset but he was not banging on the door. Silverstein noted that Russell went back in the bar to say something to the "dart group". Downey stated no he did not.

Russell McAulay called at this time. He noted he has been working for a roofing company in Boston for 6 months and prior to that worked at USA Recycling. He noted he arrived at Union Villa at approx. 9PM and ordered a pitcher of beer with 3 or 4 glasses. He noted he got a glass for Skinner. Cassis questioned how many pitchers bought that night. McAulay noted maybe 3 but he only bought 1. He stated that he had noticed eye contact with the "dart group" and then they came over to the booth and stated they had problems with our group, questioning why we were there, it was not our bar, and stating more vulgar things. He noted that he had only looked at them like he would at any one there. He noted he didn’t pay any attention to their drinking. He noted he stood up when the guys came over to his table. He noted he didn’t remember M. Richard saying to leave by the side door. He noted they left a few minutes later. He noted he left with Skinner, and Downey was last then the group rushed out and Downey got hit. He noted that Skinner got hit also and he was being held by people who were hitting him. He noted he broke his hand defending himself. He noted it probably lasted one minute. He noted his parents called the Villa and the Villa stated that the Police were on the way and his mother asked the Villa person to have the police go to his home when they finished. He noted the police never came and he fell asleep. He noted he did see the police later the next day.

Attorney Silverstein noted that McAulay stated he got 3 or 4 glasses, and that there were three people of age to drink at the table, Shine, McAulay and Cleary.

Michael Richard called at this time. Richard noted he has been managing the Union Villa for 7-8 years and has worked there since 1975. He noted it is a family, neighborhood restaurant/bar that serves a lot of pizza. He noted they do allow under 21 people into the bar, as long as they are not drinking. Richard stated that his policy is that if anyone is not known they are automatically carded. If someone is of age and is sitting with anyone not of age, they are told not to let anyone else drink their alcohol. Richard stated that if he isn’t familiar with someone, he keeps his eye on that table to be sure they are not drinking. He noted he is familiar with most of the clientele but if not, he makes sure they are carded. Richard stated that on Thursday between 8:30PM to 12:30AM, they have Karaoke. He stated that on the night of the incident, he noticed a table of people he didn’t know arrived approx. 8:30-9PM. He noted that one of the guys ordered a pitcher of beer and was asked for an ID. He noted the other people with him also gave ID’s. There were three people at the table over 21 and 2 under 21. Richard noted he didn’t serve alcohol to Skinner or Downey, only coke. He noted he kept an eye to make sure that Skinner and Downey didn’t have any alcohol in front of them. Later in the evening Scott DuCharme told Richard that those kids wanted to start a fight. At this time Richard went to the booth and talked to the "group" and the "group" stated they noticed problems starting. Richard then went to the "dart group" and told they he didn’t want any trouble and to stay away. Richard noted that when he asked the group in the booth to leave, McAulay didn’t like being told to leave and got upset. Richard noted that about 10 minutes after he asked the people in the booth to leave, they left through the front door. He then saw people running and grabbing other people, soon everyone in the bar went out to see what was happening. Richard noted he ran outside to push them all apart. He told the larger group, the "dart group" to go inside, and told the other "group" to stay outside. He told Skinner and McAulay they had to leave and then went inside. He noted that his sister told him that an officer Malloy had called and stated he heard about the problem and will be checking there. At that point Richard told everyone the night was over and sold no more alcohol, just closed the bar. Richard noted he went out in back with the trash and there was one kid still kicking in a car and wanting to go beat someone up, and he thought it was McAulay. Richard noted that someone then threw a bottle at the bar

and left. Richard noted he waited at the bar until 1:30AM, but the police didn’t show up. He noted he didn’t call the police again, but now realizes he should have. Cassis noting three at the booth were of age to drink, asked how many pitchers were served. Richard stated 2 at 60oz. each. Cassis noted that three people were drinking 120oz of beer, which would be 40oz per person. Cassis questioned if a pitcher is served, how does Richard monitor it. Richard noted he watched them all night and the 2 underage didn’t drink the alcohol. Richard noted he kept his eyes on them. Cassis asked if Richard understood it was his responsibility that they don’t drink in his establishment. Richard noted he (Skinner) didn‘t drink. Cassis noted that Skinner stated he did. Richard noted that Skinner stated he did drink, but I didn’t see it. Cassis questioned if Richard thought he would be responsible if Skinner did drink. Richard stated "I guess, but 20 year olds should know not to drink". Cassis questioned why would S. DuCharme state that 3 or 4 guys were trying to fight with 10 guys. Richard noted it didn’t seem very likely that 3 or 4 would take on 10. Cassis questioned if Richard kept track of how much the "dart team" had to drink. Richard noted they had about 2 or 3 beers each from 8-11PM. Richard again noted that at about 10PM, DuCharme stated he noticed 3 guys that wanted to fight. Richard again stated he went up to the guys in the booth and asked what was going on and they stated that the "dart group" were looking at them and saying things. Richard noted that again at about 10:30PM he went over to the booth and said it was a good idea to leave out the side door. Richard noted that someone in the booth who had bleached hair stated "we don’t want any trouble". Richard again stated that if people go out the side door everything would be OK. Richard noted he didn’t think to call the police because he had the situation under control. Richard stated that if they had all gone out the side door, there wouldn’t have been any problem. Cassis noted that as a practical matter people shouldn’t have to go out a side door to avoid fights. Richard noted he saw Skinner’s puffed face and that he was bleeding. Richard noted Skinner turned down EMT assistance and didn’t want the police called. Cassis questioned how did the police know about the incident, if Richard didn’t call. Richard noted he thought someone in the bar called the police. Richard again noted that after he took out the trash he heard from his sister that the police were coming. Cassis questioned how much time this was after the fight. Richard noted about 10 minutes. Cassis again asked why Richard didn’t call the police right away. Richard noted that it took him 10 minutes to get everyone inside and settled down, then his sister said the police were coming. Cassis again questioned why it didn’t occur to Richard to call the police ASAP. Richard stated he would have just told them that there was a fight outside his bar, which had nothing to do with him. Richard noted it is the two dart people they are prosecuting that are at fault. Attorney Silverstein noted that Richard has served no trespass notices to the two assailants, by certified mail. At this point Silverstein gave the Board a copy of the notices.

At this time Chief Bates was called. Bates noted he has been Chief for 5 years and an officer for 29. Bates noted he is familiar with the Union Villa. Chief Bates submitted to the Board stats RE: police calls to the Union Villa over a 12 month period. Bates noted that of the 4 or 5 calls, they involved fights between friends, and a domestic situation. Silverstein noted he asked for these stats to show that the Union Villa does call the police and don’t try to hide things from the police. Cassis questioned if the 4 or 5 calls are from the Villa directly. Bates stated yes. At this point Attorney Silverstein submitted an article from the Stonehill College Summit stating that the Union Villa doesn’t tolerate underage drinking, and noting that they have a policy to card individuals.

At this time Cathy Richard was called. She noted this is her family’s business and she was working on the night in question. She noted that after the altercation the phone rang and someone stated they were "officer Malloy" and questioned if there had been a disturbance. She stated yes and the officer said he would come and do a drive through. After that Mrs. McAulay called and C. Richard told her that the police were coming and McAulay asked Richard to have the police go to her house also. C. Richard noted that she waited a while for the police and when they didn’t show, she assumed they went to the other family’s house. C. Richard noted that with hindsight she should have called the police again when they didn’t show up. Cassis questioned how long after the incident the police called. C. Richard noted it was 7 or 8 minutes later. C. Richard noted she assumed someone must have called the police on one of the Villa’s phones. She noted that if someone called on the wall phone she would not have seen them do it. Cassis questioned that if someone had called the police, why would the police be calling back and not coming. C. Richard

again stated that someone called and identified himself as Officer Malloy of the Easton Police Department (EPD) and said they would check the place and I said that at this time everything seemed OK. Cassis questioned if C. Richard thought the police department was pretty responsive. C. Richard stated yes. Cassis asked if C. Richard thinks the people from the dart team should have been arrested. C. Richard stated she didn’t see what happened outside. Cassis again stated that if generally the EPD is responsive, then didn’t it seem strange that no one came for 2 hours. C. Richard noted it did seem strange but things were already over. Again Cassis questioned if C. Richard thought the dart people should be arrested. C. Richard again stated she didn’t see what happened outside. Cassis stated shouldn’t you have called the police when all that time went by. C. Richard stated maybe they were at the other family’s house. Cassis noted that Mrs. McAulay was expecting the police because she gave C. Richard the address to give the police when they arrived. Cassis noted wouldn’t you assume they didn’t get to McAulay’s house if they didn’t get to Union Villa. Cassis questioned if C. Richard would have preferred the police didn’t come. C. Richard stated no I wouldn’t say that. Cassis questioned if C. Richard would have preferred that the police came to investigate. C. Richard stated yes, now she wishes she did call them again.

At this point Kate Downey was called again. In response to questions from Attorney Cassis Downey noted that when the car pulled up it was only 5 minutes after the fight and there were still people outside, then she left immediately. Downey noted that Skinner never reached her after she was hit, and he was already on the ground. Downey noted she thinks the group came after "us" from the side door also, because no one walked by her to get to Skinner from the front door. In response to a question by Silverstein, Downey noted she is assuming these facts.

At this point a Joseph Tracy was called. Tracy noted he is an auto body technician and is also a certified EMT, licensed in NH only. He noted he was at the Union Villa on that night watching the game with his friends. He noted that someone asked him if he knew Kate Downey, and he said he hadn’t seen her for years, they were once neighbors. He then looked over at her table. He noted there was pizza and a 2 liter bottle of Pepsi or diet Pepsi. He noted he then continued watching the game from about 9-11:30PM. He noted that at some point in the night he moved to another table near the lottery machine and the front door. He noted that at the end of the night two groups seemed to be having problems and when the group of 4 people were leaving, the last one out was Kate Downey. Someone said something, and everyone in the dart group went outside. He noted he didn’t know who made the comment. He noted that he saw Kate Downey going after someone, but he stayed in the bar during the fight. He then looked and saw Skinner with a large contusion over his eye and he went to him, identified himself as an EMT and noted that Skinner didn’t want an ambulance or police called. He noted that Skinner was with someone else trying to get into a white car, maybe a cavalier. He noted there were two men in the car and Kate Downey also, who was arguing with the men, then a bottle came at the front of the building, and he (Tracy) went inside.

Cassis questioned if Tracy was a regular and he answered yes, about once or twice a week. Cassis questioned if Tracy knows the dart team, in particular DuCharme, Damigella or Lee. Tracy stated they are acquaintances. Cassis asked if the three call the Villa their bar. Tracy noted he wouldn’t say that, but the three of them may. Cassis questioned how much the three usually drink at the Villa. Tracy noted he couldn’t say . Cassis questioned if it dawned on Tracy to call the police. Tracy stated yes, but he mainly wanted to assist with the medical issues. Cassis questioned if Tracy saw anyone call the police, and he stated no. Cassis questioned if anyone told Tracy that the police had called and Tracy stated no.

Hardin stated to M. Richard that when you testified that the people in the booth went out the front door instead of the side door, you winced, so you must have had concern as to problems. Hardin noted that M. Richard stated he was concerned that the young group walked through the dart group instead of going out the side door. Hardin stated that M. Richard saw that people were upset and knew there was a problem brewing. M. Richard noted he knew there might be problems because the young group went through the dart group instead of going out the side door, but that he went out as soon as he was aware that something was happening outside.

Goodwin questioned how long the two assailants had been at the Villa that night. M. Richard noted they usually arrive approx. 9PM. Goodwin questioned if M. Richard knew when the victims arrived that night. M. Richard noted that the victims testified they arrived between 8:30 and 9PM. M. Richard noted that

there were no problems for about 1 hour and 40-minutes between the two groups. Goodwin questioned the amount of alcohol consumed by the two assailants, and if that was a factor. M. Richard noted that they don’t drink like fish and alcohol was not a factor. Goodwin questioned if alcohol was part of the problem with the group at the booth. M. Richard stated no. Goodwin read from the article submitted earlier by Attorney Silverstein from the Stonehill College Summit where it talks about the disparity between locals and the Stonehill students, noting a particular statement that the locals are uncomfortable with non-locals being there. Silverstein noted that he interprets that part of the article as meaning that the locals like to see the 21 and 22 year old Stonehill girls. M. Richard noted there is no tension or problems with Stonehill. M. Richard noted there hasn’t been a problem at the Union Villa for years. Goodwin questioned if the problem could have been solely with the two assailants. M. Richard stated yes, I see them at fault, not the Union Villa. Cassis questioned M. Richard that if J. Skinner hadn’t gone to the police would he (Richard) have known how severe this altercation was. M. Richard stated yes. M. Richard again stated that he swears they received a call from someone identifying himself as the police.

Tufts asked that the Hearing be kept to the three charges.

Clark noted that Skinner came very close to getting seriously injured and that he takes this very seriously. Clark noted that Attorney Silverstein commented on how meticulous the quality of Officer Allen’s report was. Silverstein noted he meant that for an assault and battery case, not an alcohol case, the report was very in-depth. Clark questioned if McAulay was carded, and if he is a regular. McAulay noted he is not a regular, was not carded, but Shine and Cleary were. Clark questioned if Downey was carded. She stated no. Downey noted she went specifically to have something to eat, and knew she couldn’t drink. Clark questioned if Downey had ever been there before or served alcohol or carded before. Downey answered no to all three questions. Downey noted I was punched in the face and received medical treatment including x-rays at the hospital the next morning. She noted she ended up needing her wisdom teeth removed due a condition called TMJ developing and she couldn’t chew from the pressure of the wisdom teeth. Downey noted the assailants were aggressive but she didn’t know if they were intoxicated.

Tufts noted that the Board is not trying a criminal or civil case here, but acting as the Licensing Authority.

Silverstein noted there are three issues, permitting a disturbance, selling alcohol to someone under 21, and selling alcohol to someone intoxicated. RE: the word disturbance, Silverstein quoted from the dictionary, and noted there is no case law on this for alcohol. Silverstein noted the Union Villa acted reasonably and the incident of disorder and the brawl began when people were outside. He noted the Union Villa did the best they could to maintain order on the premises. He noted that Mr. Richard went out and broke up the problem, separating the groups, and got people to go back inside. Silverstein further noted this is not grounds for suspension of the license under CMR 2.05. RE: serving minors, Silverstein noted the case law says that if a person buying the alcohol is over 21 the establishment is not responsible if they themselves give some to a minor. He noted this is not cause for suspension of the license or roll back of the hours. Silverstein noted that if J. Skinner did drink alcohol, he was sneaking drinks. RE: Sale to intoxicated persons, Silverstein noted there is no evidence of intoxication, just that people were drinking. Silverstein noted it is unfortunate that serious injuries resulted.

Clark read from the incident report on page 9 noting that he felt the Manager should have had the victims go inside to receive medical assistance and the assailants be kept outside and asked to leave.

Cassis noted that at times problems start without notice, but he is struck with the severity of the injuries sustained. Cassis noted this was brewing all night, the only question was when, where and how would it happen. He noted the bar owner had a lot of opportunities to do something. He noted he had one hour and 40 minutes to do something to avert the crisis. Cassis noted that if the Manager thought he could handle this with no help from the police, he did so at his own peril. Cassis noted he finds it dubious that 4 people, younger on foreign territory were picking a fight with 10 people, older and "regulars" at their home base. Cassis noted that it would seem that the assailants felt safe with no fear of problems with the police. Cassis noted this is a classic case of permitting a disorder on premises.

RE: drinking by minors, Cassis noted that even if the Board can’t prove sale to minors, they could prove a minor did drink and this would be another illegality.

RE: Sale to intoxicated persons, Cassis noted that his guess is these men in the "dart team" felt their manhood in question but there is no factual evidence of sale to intoxicated persons.

Silverstein noted RE: sale to minors, that the minor was sneaking drinks and that M. Richard had no idea the minor was sneaking drinks. RE: the disorder, Silverstein noted that M. Richard had no crystal ball to know what was brewing. Silverstein noted it was the Union Villa crowd that helped the victims. Silverstein noted the Villa delivered three glasses for 3 over age 21 persons at the booth.

The Hearing was closed at 9:18PM.

On Clark’s motion, seconded by Tufts, RE: the third count of sale(s) to intoxicated persons, (letter attached), the Board voted unanimously a finding of not guilty.

Clark’s motion, seconded by Hardin, for a guilty finding on the second count of sale(s) to a minor, (letter attached), and for allowing another illegality to wit possession of alcoholic beverages by person(s) under age 21 occurred, was not voted at this time. Attorney Silverstein objected to this motion.

Tufts noted that if the establishment takes reasonable care to dissuade someone from committing an illegality, we shouldn’t find fault with the establishment owner. Tufts noted we have someone underage trying to defraud the bartender. Tufts noted he doesn’t see enough evidence on this, but he does think the Union Villa could tighten up their policy RE: pitchers.

Hardin noted he didn’t see how the Union Villa could have done an awful lot if the kid wanted to sneak this, and it would be hard to see from the bar. Hardin did express concern that only 2 of the 3 - 21 year olds were carded.

On Goodwin’s motion, seconded by Clark, the Board voted unanimously a guilty finding of the first count of permitting a disorder, disturbance, illegality to occur (letter attached).

At this point in the meeting the Board discussed the Penalty. Clark’s motion, to suspend the license for 7 days within a 30 day period, did not receive a second.

Tufts questioned what the past history is at the Villa. Paicos noted there have been no findings within recent history of at least 24 months. Chief Bates noted there have been no issues, and that the Villa passed the sting operation recently held.

Clark’s motion, seconded by Goodwin, for a three day non-consecutive suspension within a 30-day period, subject to agreement of the Board of Selectmen RE: the specific dates, was not voted at this time.

Hardin noted he would rather a one day suspension vs three, but that this incident warrants more than a slap on the wrist. Tufts asked that the Board require a plan from the Villa on tightening up procedures be submitted. Tufts noted he would rather a one day suspension along with the plan for changes to procedures to be submitted. Hardin noted that a responsible owner should have called the police once the problem was brewing for them to stop by and check the situation out.

Goodwin noted that this type of situation will not be tolerated in this Town, and suggested there be 2 Mondays and 1 Wednesday they are closed.

On Clark’s motion, seconded by Goodwin, the Board voted 3-1 to require the dates of suspension be 1/18/99, 1/25/99 and 2/3/99. Tufts opposed.

Chief Blye in attendance. Blye gave a brief explanation of the bid results and the committee involved in the process, helping to write the spec and review the bids, which resulted in a savings to the Town.

Clark’s motion, seconded by Goodwin, to award the Bid to Pierce Mfg. Inc., for an aerial ladder truck and a fire pumper truck, for the total of $669,383. for bid #103-03-99 and #103-04-99, was not voted at this time.

Tufts expressed concern that it is not prudent to buy both vehicles in the same year but the Town Meeting did vote these.

P. Mullen, K. Carlson, D. Brown, G. Galer in attendance.

Hardin commended the PFSC for their work on this issue.

BARAN PARTNERS PROPOSAL - Michael Hayden, David Alexander, Ken Michael, Paul Boucher, Michael Liu in attendance. (COMPLETE PROPOSAL ON FILE IN THE SELECTMEN’S OFFICE)

M. Hayden gave a brief review of the proposal (sheet attached).

K. Michael gave a brief explanation of his projects to date, and noted the significant need for affordable assisted living facilities. P. Boucher gave a brief explanation of the revised site plan submitted (see attached).

Tufts questioned if permanent deed restrictions will impact the Town financially, and questioned the tax returns for the Town. Hayden noted the expected return to the Town is $28,000 per/yr. Clark questioned if there is any historical significance to this building. G. Galer noted the property is in the Historic District and a contributing property to that. Galer noted that by a developer taking a historic tax credit it will trigger historic preservation for the building and the entire plan and proposal will have to be reviewed by the Mass. Historical Commission. In response to Clark’s question, Hayden gave a brief definition of "affordability", noting that the adult foster care program will provide 50% subsidization. Clark noted the zoning will need to be changed to business zone by a 2/3 vote of the Town Meeting. Clark questioned if Baran Partners had any discussions with the YMCA. Hayden noted they need the space in its entirety to provide the proposed services. Clark questioned if Baran had contacted COA or Housing Authority. M. White noted that the COA was copied on all of the proposals. Goodwin questioned what would happen to the rotunda. Boucher noted it will be kept completely intact. In response to a question from Goodwin, Hayden gave a brief summary of the marketing plan, in the proposal. In response to a question from Webster, Hayden gave a brief explanation of the firm’s relationship with Paradigm Management Co., noting that Paradigm will handle the health care administration of the project. In response to a question from Webster, Michael noted that the Clinton facility has been occupied for three months and is already full. Hayden noted the firm has much experience with property management and the two principles of Paradigm have been in the health care industry their whole careers. Webster questioned if Baran is considering purchasing the property and then selling their interests. Hayden stated no that would not be an option. P. Mullen expressed concern with having a laundry facility on the premises.

There was some discussion RE: septic issues for 50 units, but Hayden noted this hasn’t been fully researched at this time.

SIMSBURY ASSOCIATES - Cheryle Potter, Barry Gaw in attendance. (COMPLETE PROPOSAL ON FILE IN THE SELECTMEN’S OFFICE).

Potter noted their proposal is for 40 units at market rate and 10 affordable. Potter gave a brief overview of the proposal.

Hardin questioned where the delivery entrance would be. Gaw noted on the Barrows side. Goodwin questioned what the sq. ft. would be of a studio apartment. Gaw noted between 320-400 sf and gave a brief description. Webster questioned if the facade would look different, in particular windows. Gaw stated he is not sure but that the firm will try not to replace the existing windows, but if necessary they will replace with in kind product. Gaw noted they want to maintain the laundry facilities but if it is not possible they will go to a private company, but again stated they would rather not do that. Gaw gave a brief explanation of the previous health care administration experience his firm has. Gaw noted that research shows that each Town can support at least one assisted living facility, and the charm and character of this building is a real draw. Gaw noted there will be 16 Medicaid slots; 14 special care units, 4 of which will be double occupancy and the balance will be market rate units. Clark questioned if there was any YMCA involvement in the proposal. Gaw noted they would be willing to negotiate a deal for many programs such as : Day care facility, overnight stay area, adult day care, YMCA programs, etc. Gaw noted their proposal would generate approximately $30,000 per year in taxes to the Town. In response to a question from M. White, Gaw gave a brief explanation of the relationship between Sipican and Simsbury Associates.

DOUG KING - Doug King, John Keach, Jay Thomas, Vinnie Marturano, Frank Willey, Jeff Russell in attendance. (COMPLETE PROPOSAL ON FILE IN THE SELECTMEN’S OFFICE).

Keach gave a brief explanation of the amended proposal being submitted to the Board. (see attached)

Keach noted that D. King can afford to do this project, and has had 30 years experience, and is not making any money on this deal, but he feels it’s right for the Town and the YMCA. Keach expressed concern that Doug King’s original proposal was not given proper attention to all the details already submitted. Keach noted that King’s performance in Easton is proven and shown. Keach noted that King came home from vacation to be at this meeting. Keach noted the YMCA will be without a facility with the two other proposals. J. Thomas gave a brief explanation of his firm’s qualifications, as the architects on the project. Marturano expressed appreciation for the Town’s continued assistance, and gave a brief history of the relationship between the YMCA and the Town since 1982. Marturano noted that several years back the Y was able to expand into the LSIS, and after the building was vacated the Town allowed the Y to remain there. Marturano noted that with a charitable donation, King donated the fitness facility to the YMCA. Marturano noted the Y has been having on going discussions with D. King RE: LSIS and continuing their programs. F. Willey gave a brief explanation of their programs and noted that the King proposal responds to the statement in the RFP "it is in the best interest of the Town". King noted he will be responsible for the exterior of the building and the Y will be responsible for the interior space they use. In response to a question from Webster, F. Willey noted the Y doesn’t currently provide any adult day care programs. Paicos noted the price listed in the paperwork submitted this evening is different from the written proposal. Paicos noted he is not sure this is legal to accept and will need to get a legal opinion. Keach noted that some of the proposals by other proposers had changed. Marturano noted he thought it was important to let the Board know that the difference is that the YMCA will have no place if the two other bidders are successful vs the D. King proposal which secures a permanent place for the YMCA. P. Mullen noted the analysis was done on what was proposed in response to the RFP. Mullen noted that what has been submitted tonight by D. King and the YMCA was not the same on the original submittal. Mullen noted there was no commitment from D. King to renovate the Y area and the Y had no plans for refurbishing either in the written proposal. Goodwin questioned what Mullen’s interpretation of the purchase price was from the RFP responses. Mullen noted $100,000 would be given to the Town, no more in the King proposal. Goodwin questioned if the newly submitted proposal by King would have changed the rating substantially. Mullen noted that the proposal would only go from a 1 to a 2 for the price issue. King noted that during the RFP process he was told that money was not the leading factor, but the down town preservation and revitalization of the community was. Keach noted that the bid process is wrong if King will be penalized by giving a gift to the YMCA. Keach noted that he thinks that the previously reviewed proposals for $6-7M are not feasible projects. Keach again stated it is ironic to donate money to the YMCA and be penalized in the bid process. Mullen noted that King didn’t list items in his proposal that he now is stating, and noted that price was only one of the six areas being graded in the proposals.
Paicos gave a brief explanation of the procurement process and that noted that the PFSC could only review and grade what was in the written proposals. Paicos noted the Board had two choices. 1) accept the PFSC recommendation, which leaves only two projects to choose from, or 2) the Board can take the proposals and review them themselves. Paicos noted the Board can’t consider information which is a change from the written documentation. Paicos noted the proposal by King must stay at $100,000 and can’t be considered at $300,000 because it is not in the written proposal of the money to be paid to the Town. Paicos advised the Board to terminate any discussion RE: any information that involves changes to proposals as they were written. Webster noted she came into the meeting wanting to judge the concept first and the money second, but agreed the original proposals must be considered in the decision making. Paicos again gave an explanation of the bid laws and the need to accept the highest score of all 6 areas, or else the Town could have a bid protest. Tufts suggested having King finish his presentation and to put off a decision on the award to another meeting.

Hardin noted that the Board could choose to start over again also. Keach stated that if the award is not being given to King, the Board should throw all the proposals out and start again.

Clark reviewed the proposal with King. King noted that elderly apartments will be more feasible and offer more revitalization to the down town.

Hardin read the Proclamation. On Clark’s motion, seconded by Tufts, the Board voted unanimously to approve the Proclamation for Ms. Laura Holmberg on her 100th Birthday.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve the Pole Relocation on Rockland, Petition #98-102.

At 1:00AM, on Clark’s motion, seconded by Goodwin, the Board voted unanimously to adjourn.

APPROVED________________________________

DATED_________________________________