By Patrick Brodrick
It took more than a year and a half and threats of legal action, but members of the Clinton Polish American Veterans Club (PAV) now feel that they finally had a fair hearing on the issue of whether or not the charitable organization should be forced to install a fire sprinkler system.
“We feel that a lot of things were done before, like changing our classification, that never should have happened, and now they are finally getting straightened out,” PAV Commander Rick Kinzer said on Wednesday with a trace of frustration in his voice. “We finally feel like we had a fair hearing.”
On Wednesday night, just days before the PAV would have lost its liquor license, selectmen granted the veterans club a 60-day temporary license. The decision should give the PAV enough time to appeal Fire Chief Richard Hart’s ruling that the club is required to install a fire sprinkler system under a new state law.
The law, stemming from the tragic Station Nightclub fire in Rhode Island, requires that any establishment with a liquor license and an occupancy permit for 100 people or more install fire sprinklers. A number of businesses that feel they don’t qualify as a nightclub, however, argue that the price of installing a sprinkler system would force them to close their doors.
Back to the wall
Last month, selectmen ordered former Building Inspector Bentley Herget to write a letter that was supposed to end a stalemate between the town and the club; however, according to PAV Attorney William O’Neil, the letter was “useless” and it failed to meet the state’s requirements for an appeal. During that same meeting, the board learned that Herget acted inappropriately when he suddenly changed the PAV’s classification, which only drew out the club’s appeal process.
“My client feels that their back has been pushed to the wall,” O’Neil told the board on Wednesday night. “I have filed a preliminary injunction hearing that is scheduled for Friday morning, and there is an official here from the Sheriff’s Department to serve everyone this evening. This process has gone way beyond any reasonable period of time and I feel 100 percent confident in saying it is because of a direct result of certain officials in this town.”
Interim Building Inspector Tom Dillon explained he would be willing to sign off on a 30-day extension to allow the PAV to appeal Hart’s decision, however, it would be a moot point without the chief’s signature as well. O’Neil said a 30-day extension would not give the club enough time to meet with the Sprinkler Appeals Board, and asked for at least a 60-day extension.
“I’d be fine with that because I always felt that 30 days wasn’t enough time to take care of these issues,” Selectman Anthony Fiorentino said.
The art of political cowardice
In a breathtaking display of political cowardice, Chairman of the Board of Selectman Robert Pasquale Jr. tried to pawn the blame for the club potentially losing its license on the building inspector and fire chief, and not the board’s inability to reign in at least one town official — Herget — that was operating outside the scope of his power, or working to facilitate a compromise between the two parties.
“Well, this is their call; it’s out of our hands,” Pasquale said.
Pasquale’s comments were a departure from his stance a week ago when he said he was prepared to vote against granting the club a license.
“I have to support the building inspector and the fire chief,” Pasquale said last week.
End to a year-long standoff
Hart, who almost single-handedly forced this issue to be drawn out for as long as it has, sauntered into the meeting 20 minutes late only to announce that he had no plans on signing off on a 60-day extension. He would not sign off on an extension, he said, because there were numerous violations at the club that he felt put people’s lives in “imminent peril;” however, he refused to list the infractions.
To try and come to some amicable solution between the two parties, Selectwoman Mary Rose Dickhaut asked if the PAV’s Board of Directors and Hart would be willing to meet in a short caucus. Both parties agreed.
During the caucus, selectmen were served with summonses to appear at the Friday morning injunction if an agreement could not be reached.
After the caucus, Hart and Dillon agreed to sign off on the extension as long as the PAV worked to rectify its code infractions.
So what were some of the violations that led to the year-long standoff that were placing people in imminent peril?
Well, the PAV didn’t have any identifying street numbers that were visible, the carpet in the hallway may or may not be fire retardant, there was some scrap aluminum in the basement, some of the fire extinguishers in the building were not hanging properly and there was a lawnmower in the cellar.
“Overall it was nothing major,” PAV Member Chris Dzicek said on Thursday, pointing out the club was never made aware of the infractions until Wednesday night. “I would say we got about a third of them [code violations] taken care of today.”
Now that it will finally be moving forward with their appeal to the state Sprinkler Appeals Board, Dzicek said he is optimistic about the PAV’s chances.
“I think it looks good for us,” Dzicek said. “All of our records are in order.”