SELECTMEN’S MEETING MINUTES

AUGUST 24, 1998

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

MINUTES

On Clark’s motion, seconded by Webster, the Board voted unanimously to table General Minutes dated 7/13/98.

On Clark’s motion, seconded by Tufts, the Board voted 4-0-1 to approve General Minutes dated 7/27/98. Webster abstained.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve Executive Session Minutes dated 7/13/98.

On Clark’s motion, seconded by Tufts, the Board voted 4-0-1 to approve Executive Session Minutes dated 7/27/98. Webster abstained.

EAGLE SCOUT PROCLAMATIONS

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve Proclamations for three Eagle Scouts.

Joshua W. C. Masse, Kevin McMorrow, Graham VanEpps.

AUCTIONEER APPLICATION - MR. THOMAS PRESTWICH

Hardin read the responses received. On Clark’s motion, seconded by Webster, the Board voted unanimously to approve a one-day Auctioneer License for Thomas Prestwich to conduct an auction at the K of C Hall on Foundry Street, Easton, on September 3, 1998 from 4-10PM.

CHANGE OF POLLING PLACE

J. Linehan in attendance.

Clark questioned the possibility of again using the Baptist Church. Linehan noted that the Baptist Church only has room for one precinct and she would rather keep all three precincts together.

Linehan noted the possibility of the Covenant Church, as they have enough room for three precincts.

On Clark’s motion, seconded by Webster, the Board voted unanimously to support researching the use of the Covenant Church for a polling place for the Town elections to begin with the April 1999 elections.

Goodwin noted that an extra $800.00 would need to be expended by continuing to use the K of C Hall for the upcoming two elections.

At this point in the meeting on Tufts’ motion, seconded by Webster, the Board voted unanimously to take under emergency conditions the OAMH request for road closings during fundraiser.

Hardin noted the request and the response from the Fire Department. Tufts noted that the intention for the road closing is to reduce noise during the concert. On Tufts’ motion, seconded by Webster, the Board voted unanimously to approve the road closing request subject to satisfying the Fire Department’s concerns.

At this point in the meeting on Clark’s motion, seconded by Webster, the Board voted unanimously to take under emergency conditions a yard sale request from TEMPO.

Hardin read the request. On Clark’s motion, seconded by Webster the Board voted unanimously to approve the Yard Sale to be held by TEMPO at the OAHS, on September 19, 1998 with a raindate of September 26, 1998, and to waive all fees.

ADJUDICATORY HEARING - IRISH EMBASSY

Special Counsel Lou Cassis, Police Chief Stan Bates, Diarmuid Quinn, Attorney Maguire in attendance.

Hardin called the Hearing to order at 7:15PM, and swore in Diarmuid Quinn.

Cassis noted there is no issue with the fact that Quinn is closed, but Attorney Maguire is asking on behalf of Quinn for more time to complete a purchase of his property that is already in the works. Maguire thanked the Board for the postponement. Maguire noted that Quinn has a Purchase and Sales Agreement (P&S) which is contingent on the liquor license being transferred to new owner, and the closing is dependent on the results of an environmental test of the property which is scheduled for next week. Maguire requested on behalf of Quinn that the Board allow for another 30 days in order for the transfer papers to be filed by the new owner. Maguire noted that this brief time frame won’t unduly delay things, and noted the hope is that another restaurant can go forward at that location. Goodwin questioned what renovations were done referring to the building permit taken out by Quinn. Quinn noted that at present he isn’t doing any renovations. Goodwin questioned what the environmental testing consisted of. Maguire noted that with a gas station so close to the property the buyers want an environmental consultant to test to be sure there is no contamination. Maguire again stated that the P&S is contingent on the liquor license being transferred. Maguire noted it would have been better for Quinn to have told the Board he was looking for a buyer prior to finding one, but instead Quinn decided to just go looking for a buyer. Goodwin questioned what the debris is in the picture in the folder. Quinn noted this is how the back of the restaurant currently appears. Quinn stated he has cleared that area up two times already and people keep dumping there. He noted this is not trash from his restaurant. Quinn noted he is not sure how to stop this dumping. Clark questioned if a 21E is being done and Maguire stated yes. Clark questioned if the Town was at quota for all alcohol restaurant licenses, and Cassis stated no, there are two available. Clark questioned if the Board could review the P&S, and Maguire stated no because the potential buyer hasn’t given his permission for this. Cassis gave a brief explanation of Ch. 77 RE: closing licensed premises. Cassis noted that when a license is dormant for a prolonged period of time, the Board has the option to cancel and the license holder has the right to appeal to the ABCC. Cassis noted the Board also has the right to offer extra time, or to wait for renewal time and not renew the license unless the business is operational again.

Tufts questioned the possibility of making a motion to rescind the license in 30 days. Cassis noted the Board could make a date certain to cancel if no proof of a P&S is brought forward. Clark questioned if the Town ever had official notice from the establishment about being completely closed. Cassis stated no this was discovered by the Town due to the sign displayed on the business. Hardin questioned if there were any outstanding incidents on the Irish Embassy. Chief Bates stated none that he can recall. Bates noted there were allegations but no action was taken by the Board. Hardin noted that Quinn has already admitted to the finding of being closed.

Clark’s motion, seconded by Tufts, to cancel the All Alcohol Restaurant License at the Irish Embassy, 502 Foundry Street, subject to MGL Ch. 138, Sec. 77, was not voted at this time.

Goodwin noting that it is in the Town’s best interest to have the property operating and dealing with the eye sore of the current condition, stated she would rather come up with another option.

Tufts noted he had given many opportunities in the past, but many of the prior incidents with this establishment were because the owners didn’t follow procedures. There were changes in the premises that were always discovered, never brought forward to the Board by the owner. Tufts expressed concern with continuing business there as part of a transfer, noting he wants a new license, new operation. Tufts noted there has been enormous amounts of time devoted to this facility and operation by the Board and Staff, and it’s time to cut the ties. Tufts noted the Board has gone far enough. Cassis noted this motion wouldn’t preclude any new buyer from applying for a new license. Hardin again noted that at this time there are two licenses available. Hardin also agreed it is time to cut the ties, the Town of Easton has bent over backwards for a long time for this establishment.

Cassis noted that transfer decisions can be appealed by the ABCC, original licenses can’t. The ABCC can only remand with recommendation to Boards, decisions RE: new licenses.

Vote on the motion was unanimous.

ADJUDICATORY HEARING - EASTON 138 MOTEL

Special Counsel Lou Cassis, Police Chief Stan Bates, Officer Kevin Blakely, Officer Robert Grinham, Richard Hern, in attendance.

AUGUST 24, 1998

Hardin opened the Hearing at 7:45, and swore in Officers Blakely and Grinham, and Richard Hern.

Cassis questioned if Hern was representing himself. Hern stated yes. Cassis asked if Hern understood that he had full rights to Counsel and the time necessary to secure Counsel. Hern stated yes.

Officer Grinham stated he has been an Officer in Easton for 2 years and was on a police detail on 4/17/98. He stated the function started at 5PM, and he arrived at 9PM. On arriving he saw it was an under 21 dance with approx. 50-75 youths hanging around vehicles in the parking lot. He noted he found several empty containers of alcohol and went to speak with the other officer on detail, K. Blakely, stating that if someone leaves the dance, they should not be re-admitted. He then spoke to D. McCool who had rented the hall and hired the rock bands. McCool noted that he had 9 bands coming, each playing for approx. 45 minutes. Grinham noted there was no extra Motel staff or adults on the premises, only the two police details and the regular 138 staff. He noticed a mosh-pit dance going on which is very physical and was told that a person was kicked in the nose prior to his arrival. He noted that later another person was knocked unconscious at the mosh-pit. He noted that at approx. 10:30PM R. Hern asked he and Officer Blakely to go to a disturbance in a hotel room. During the time they were addressing the hotel room disturbance, the second medical emergency occurred at the dance itself. He noted that he and the other officer proceeded to escort the people from the hotel room off the property, and the dance was halted at 11:30PM. He noted that McCool was one of the people escorted off the premises from the hotel room. He noted that once the dance was canceled people got upset and it tied up the whole shift to get the place emptied out. He noted that approx. 175-225 people were in attendance at various times during the night. Clark questioned if McCool was the person knocked unconscious. Grinham noted that McCool was involved with the hotel room disturbance and the medical emergency occurred during the dance, not in the hotel room, but the incidents occurred simultaneously. Webster questioned the typical number of detail officers required. Chief Bates noted for a normal function one officer is required per 100 guests. Webster asked if the Manager requested the function be shut down. Grinham stated yes. Goodwin asked if Grinham witnessed any youths intoxicated. Grinham stated there were no youths inside intoxicated, he only caught one youth with a joint and he was removed from the dance. Clark briefly reviewed the incident where the person was unconscious from the kick in the head. Grinham noted the person regained consciousness and refused treatment. Grinham noted that at that point in the night the scene was chaotic, but there were no fights going on. Goodwin questioned the demeanor of R. Hern. Grinham noted that as soon as the problem developed Hern came and got the officers and was very cooperative.

Officer Kevin Blakely noted he has been an Easton Police Officer for one year. He started the detail at 5PM and noted the bands started approx. 6:30PM and there was a mosh-pit on the dance floor with approx. 6-7 kids who knew how to mosh. The first medical incident occurred when one kid, who didn’t know how to mosh got in the middle of the pit and was hit in the face which broke his nose. At this time the dance had approx. 100 people. The victim thought he was hit in the nose on purpose, but it was obvious to Blakely that it occurred during the moshing. Blakely noted the second medical incident occurred while Hern had called the officers on detail to a hotel room where the youth who had signed for the function and a roomful of kids were found. He explained that while they were trying to clear out the hotel room, they got called about the kid who was unconscious on the dance floor. Blakely explained that during moshing two kids hit head first and one was knocked unconscious. Ambulances were called for both medical incidents. He explained that the boys who hit heads were brothers and no charges were brought. Clark reviewed the staff placement, and Blakely noted that the Manager was right at the bar location watching. Tufts questioned if any food was available. Blakely stated no. R. Hern noted that the main bar was selling sodas, chips and candy bars. Hern noted that the Banjo lounge was not open to this function.

Chief Stanley Bates noted he has been Chief for 5 1/2 years and gave a brief explanation of the procedure for police details. Bates noted that two officers on split shifts for a total of 8 hours was ordered. Bates noted he didn’t know this was a mosh pit dance and wasn’t aware of the numbers involved. Bates noted he would have ordered more officers if he knew mosh-pit was taking place. Bates noted that during the course of the night he had each officer on duty tied up at the 138 Motel disturbances. Again Bates noted he didn’t know it was an underage function, there would be no adult supervision, that there would be mosh-pit dancing, or so many people attending. Bates gave a brief review of the procedure used for normal

AUGUST 24, 1998

functions, RE: police details. Bates noted that Hern, not the person who booked the function, should have requested the details and should have had more information on the actual function. Clark questioned who at the Police station booked the detail officers, if the detail was paid in advance, and if guidelines are provided people at that time. Bates noted he didn’t recall who booked the detail, and noted the form that is filled out to request details. Bates noted that knowing now about moshing, he would require two officers per 100 participants. Bates noted that the K of C Hall holds mosh dances of under 50 participants and he requires one officer. Bates noted there have been no problems at the K of C function. Clark questioned if it was the 16 year old who made out the application for the detail. Bates noted the form wasn’t signed. Bates noted that he hasn’t had problems booking police details prior to this and he usually knows exactly what will take place at events, but this event didn’t have enough information that was known ahead of time. Bates noted that moshing is a new type of event and now he will require more officers for mosh dances and he also wants the owners of the establishments to come to the police station to request the details. Clark noted the need for guidelines for the owners of what the Chief expects. Cassis noted that the Hearing this evening isn’t about the number of officers on detail, but rather the violations that took place. Blakely noted that he collected the cash for the two detail officers at the function. Tufts questioned where the requests for details usually come from. Bates noted that usually the owners come and talk with him and establish the needs RE: police details. Bates noted this is decided individually based on the number of people and types of events.

Hern noted he does a lot of big functions and he went to the Chief and thought he had a good relationship with him. Hern noted that if the Chief demands 10 officers for a function, the function must pay for 10. He noted he requires every contract to pay directly for details. Hern noted he tries to check on Friday’s with the event for the projected number of people and he reviews this with the police for detail purposes. Hern noted that usually this system has worked well. In response to a question, Hern noted that the person who rented the hotel room in question was 26 years of age. Hern noted that there were only 6 or 7 people moshing and he only had 150 people total. Bates noted he is not happy with these types of groups coming in and he wants Hern to come to the station, not 16 year olds, for booking the details. Hern noted the party started pretty slow and around 9PM he noticed a number of kids going up in the hotel room and he was concerned with them drinking. At around 9PM he went to the room and found kids drinking and called for the officers to send all of them off premises and he noticed that one of them was D. McCool, who booked the function. At this point he took this opportunity to close out the dance completely. The dance was closed at 11PM, and by approx. 11:15PM, the building was empty. Cassis asked if Hern knew McCool was 16. Hern stated no, I thought he was 18. Cassis asked if Hern checked his ID. Hern stated no. Cassis asked if McCool booked the police details. Hern stated yes but that the day before the event he called and ordered another officer because the numbers expected were higher than the police were aware of. Clark questioned how Hern knows the person who booked the hotel room was 26. Hern noted the hotel policy is to check ID’s on anyone who rents a room. Clark questioned if Hern found alcohol in the hotel room. Hern stated yes and he threw out the boys at that time. Hern questioned Blakely what he thought the mood of the crowd was at 11PM. Blakely stated people were OK, but some people who had just arrived were upset it was closing and two bands who didn’t get to play were upset also. Blakely noted that people were reasonable cooperative and the officers attempted to dump everyone out into the parking lot and then get them out of the parking lot as fast as possible without incident. Hern noted he thought the crowd was well behaved and there were two freak injuries. Hern noted he would do it again and doesn’t see a problem at all. Hern noted that when he found the kids drinking he had the police throw them out and closed down the party. Hern noted that kids need a place to go to dance. Tufts questioned if anyone was charged with serving alcohol to minors. Blakely noted that they found a case of Budweiser Beer in the room with a few cans already open but when the medical emergency happened, that emergency took priority over the youth in the hotel room. Blakely noted the officers made the youths leave the hotel and proceeded to respond to the medical emergency. Blakely noted they didn’t see anyone intoxicated in the hotel room, and he felt the medical emergency took precedence. Goodwin asked Hern how McCool explained the function he booked. Hern noted it was a Rock Concert, not a RAVE as described in the police Report. Hern noted he would not classify 5 or 6 kids dancing as a mosh pit dance. Hern noted there were never more than 150

AUGUST 24, 1998

kids in the room, with maybe 50-60 actually dancing. Goodwin questioned if it is the hotel’s practice to rent to minors. Hern stated no. Hern noted that he wasn’t deceived by the 16 year old, he just didn’t check for the ID. He noted he has 16 year olds come and want to rent the hall, but now he requires 18 year olds rent the hall. Hern stated he wasn’t sure what charges were against the 138. Cassis explained MGL Ch. 138, Sec. 12 "permitting an illegality and disturbance on the licensed premises". Cassis noted that the Manager is responsible for whatever happens at the licensed premises. Cassis noted that by renting the hall to a 16 year old with 9 bands coming in, if things go wrong, Hern should know he is responsible for permitting an illegality and disturbances to occur. Cassis noted it is not enough for the licensee to say that Dan McCool is responsible. Cassis noted that the Managers and owners of premises are responsible for the inevitable consequences of what takes place on their premises. Cassis said to Hern that renting to a 16 year old boy is not right, you’re (Hern) responsible for your license, and things happened at your establishment that were illegal.

Cassis reviewed the options with the Board. Cassis noted that there are no apparent previous alcohol related problems at this establishment, but at a minimum Hern should be required to order the details, not the people renting the hall. Goodwin suggested a finding that the manager is responsible for the ongoing operations and assumes all responsibility for anything in the nature of disturbances.

On Tufts’ motion, seconded by Goodwin, the Board voted unanimously a Finding of guilt in a violation of 204, CMR 2.05 (2) Permitting a disorder, disturbance and illegality to occur on the licensed premises as observed on April 17, 1998.

Goodwin’s motion, seconded by Clark, to provide a Warning based on the above Finding and to require Richard Hern as Manager of the 138 Motel to be responsible to order all police details for functions at the licensed premises, was not voted at this time.

Tufts noted he wants the owners/Managers and Police to work together on this issue. Tufts noting that the Manager is responsible for functions and details, stated that if two extra detail officers were in place, this problem would been averted. Tufts noted this is an establishment with a clean record and has been an asset to the Town. Tufts noted this is not a reoccurring problem, and expressed concern with the animosity between the Manager and the Police and he wants this worked out. Tufts noted the need to work out the scheduling of details and what events cause what details, along with a hope that Hern will change the internal procedures on who and what type of function to rent the 138 to. Webster noted that the rental of the function room should require identification. Webster noted also that with more officers things may not have gotten out of hand. Hern stated things didn’t get out of hand. Bates noted again that there were two officers ordered for detail, one from 5PM - 1AM, and the second from 9PM to 1AM. Tufts noting there were problems with alcohol being served in the hotel room to minors and the empty alcohol containers found in the parking lot, stated these are violations and problems that occurred that night. Hardin noted that Savini’s has been an asset to the Town of Easton, and is the largest function hall in Town. Hardin noted that there haven’t been problems with alcohol there, maybe other issues, but not alcohol. Hardin stated that he thinks there is a problem if kids are allowed to go in and out of a function, and is also concerned with kids going through the establishment and into a hotel room to drink. Hardin noted this problem concerns the Selectmen, Police and the Establishment. Clark noted this is a wake-up call, and could have been a very serious situation. Clark noted that in the end the buck stops with the Manager at the licensed premises.

Tufts motion to amend the motion by striking the "warning", so this wasn’t on the establishment’s record, did not receive a second.

Hern expressed frustration that he must require the details now. Goodwin noted that this is a warning of who you contract with and how you require details, and that you understand fully that you, as Manager, are responsible for your establishment. Webster again noted that the Board is asking for Hern to book the details, not the person renting the facility.

Vote on the motion was unanimous.

Bates noted that he has specific guidelines for specific places, and that it is impossible to have general guidelines for all establishments. Bates noted that each place has different requirements and he is not able to have blanket guidelines.

AUGUST 24, 1998

DISCUSSION WITH BOARD OF HEALTH RE: SEWER STUDY COMMITTEE

D. Gardner, R. Kane, W. Saucier in attendance.

Hardin read Article 14 from the ATM in April of 1998 RE: the establishment of a committee to research/review sewer issues. Hardin suggested that possibly the Town Administrator and the Health Agent could work out the Charge. Gardner noted the need to get the Charge made up by the Sub-Committee formed between the Selectmen and Board of Health. Gardner noted that the outline in the Wastewater Management Study he gave to the Board, already lists what the Committee needs to accomplish. Gardner asked that the meeting of this Sub-Committee be outside of a regular Selectmen or Board of Health meeting, in order to establish the Charge. Tufts noted that reps from both the Selectmen and Board of Health could prepare a draft and then it could be hammered out by the full boards. Goodwin asked if it would be best to follow what was voted in Article 14 and appoint the committee and let them work out the Charge. Tufts noted that past practice is that when people are appointed prior to the Charge being established, it can cause problems and backfire on the original purpose/goal. Kane also noted the need to develop the Charge first and stated that Town Counsel also advised the same. Goodwin noted, that the reality is that we are looking into sewering the Town. Kane noted that we are looking at all options.

On Tufts’ motion, seconded by Goodwin, the Board agreed to a Sub-Committee of 2 Selectmen, 2 Board of Health members, Town Administrator and the Health Agent, and was voted unanimously.

It was agreed that C. Goodwin and P. Webster would be the Selectmen representatives on the Sub-Committee. It was agreed that at the Board of Health’s 8/25/98 meeting they would vote to appoint R. Kane and D. Gardner to the Sub-Committee.

It was agreed that the meeting of this Sub-Committee would be held sometime in the week of 9/14/98.

TOWN ADM’S NOTES

None

SELECTMEN’S NOTES

Tufts announced that with the help of Burt Lewis and Town Office Staff the Selectmen’s agendas are now on-line prior to the meetings, and he will issue a press release on this soon.

Clark asked that a memo referred to in the 7/27/98 Executive Session Minutes be received from Paicos.

Clark noted that the signs agreed to for Mechanic Street are in place, but the debris is still present. Clark noted he thought the debris was going to the DPW Barn location and to completely clear out the municipal parking lot. Tufts noted that both Paicos and R. Hill met with the residents last week again, and they expect things to be resolved shortly.

Goodwin noted she has had a number of calls RE: the RFP for a single vendor for trash, and wants to clarify for the public that the Board didn’t decide on a single vendor yet, as was incorrectly reported in the press. Goodwin noted that the Board is just looking for information RE: single vendor trash disposal and a report on same will be sent back to the Board with the results.

Webster noted that two fire hydrants had been moved, one directly in front of NEG and one at Williams Street. Webster noted that the Fire Inspector notified the DPW that this situation, is a safety hazard for the firefighters. Webster expressed concern that now the whole downtown block is without fire hydrant access. Webster noted she wants to know what the reason is for the move and why.

Webster asked to see a damage report on the NEG fire. White noted that the Fire Department report as well as the Building Inspector’s report is in the I & N. White noted that the damages were minor and mostly smoke related.

Webster noted she thought that the people/groups using the schools were paying rent, and now has found out they are not. Webster asked for Paicos to get back to her.

Webster noted there have been two incidents of vandalism at the Schools, and questioned if any security measures are taking place. Hardin stated yes, but did not want to comment in public.

AUGUST 24, 1998

Hardin expressed his appreciation for Webster conducting the 8/10/98 Selectmen’s Meeting in his absence.

At 9:25PM, on Clark’s motion, seconded by Webster, the Board voted unanimously to adjourn.

APPROVED________________________________

DATED________________________________

AUGUST 24, 1998

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