okay thank you frank cable access good evening everybody welcome to foxborough's first two thousand and sixteen board of selectmen meeting today's january 12th i'll go through the agenda at seven o'clock we always have citizens input and anything that's not reasonably anticipated in the last several days at seven hundred and five selectman's update at seven hundred and fifteen we have saga hibachi steakhouse for two items one is to provide an update and a report and the new procedures concerning the recent alcohol violations and the second item is a discussion and action related to the penalty that we imposed at the last meeting at seven hundred and forty we have a discussion with assistant town manager mary beth bernard in the board and discussion and a vote on the foxborough highway and water employee union contract at seven hundred and fifty and at seven hundred and fifty five we have i'm sorry seven hundred and fifty we have the special town warrant review and any changes in discussion seven hundred and fifty five and eight hundred and five we have the town manager and assistant town manager updates at eight hundred and fifteen mary beth bernard the assistant town manager will represent the board the vehicle use policy in anticipation of a vote at eight hundred and twenty five mary beth bernard and chief o'leary is gonna represent to us the constable policy and i think we're ready to vote on that at eight hundred and thirty five we're gonna go into executive session simply to approve the december 15th and the december 29th two thousand and fifteen executive session minutes and then in between we have a dozen or so action items so mary beth could you lead us in the pledge of allegiance i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all thank you okay is there anyone here for citizens input thank you if you could just come to the microphone and introduce yourself your name and address for the record yes my name is graham silliman i am the owner of tavolino at two hundred and seventy four patriot place we are a member of fox cares i want to address a hope about your impact as our town's licensing authority in looking at the redevelopment of shopping plazas in town for example at recent meetings you have shown an interest in shaping and cultivating the town's economic livelihood in your role as a licensing authority i urge you to also consider that broader interest and not just be a punitive body that has some relevance for things you're looking at tonight and i'll broaden it a little bit you know that late ending concerts and games create a time squeeze to serve guests before the usual closing times if you agree that the restaurants at patriot place are a useful tool for crowd and traffic control after events for these late situations do you have a responsibility to develop a proactive policy for example extending closing times could be a standard checklist item that you have when you approve late ending event licenses if patriot place licenses had been extended one hour on january 3rd what violations would the police have found at saga or would they have seen an okay operation as for the license holder you're looking at tonight saga they're a small business with few resources very little wealth depending on your decision tonight about holding their penalties in advance they're already looking at can we go to court do we go to court they have expenses okay and that stretches them again they're a small business they are not a large operation your actions have been one hundred punitive so far if in addition to that lights violations however you look at the bigger picture of what that restaurant does every day and what its role is in the town and in the place that it is a patriot place you could see this business as a perfect fit for the town and for patriot place by their deliberate design of the allocation of seats between the dining room and the bar their menu their price points and the style of service this is an operation that opens its stores every day as the kind of restaurant that you should want under the radar every day you're not looking at them they are not before you they are not in the police blotter please consider that with these guys we watch saga from across the street from where we are for me the biggest concern i can see is maybe they're a little bit unsophisticated and they may encounter some language barriers as a restaurant owner i mean the type of thing i think of is are they getting the best deal from their suppliers i mean it's a broader issue but they have regular business struggles and at the same time i worry that this sets them up for some mistakes we've begun to work with them a little bit and i can also say that we see that they care they learn they're serious about running a good business and being a responsible licensing holder i guess what i would say to you then is are you willing to nurture that do you wanna cultivate that you've talked about cultivating economic development in town in a broader sense with other issues dealing with a small business owner who's not a native speaker is different from dealing with corporate faceless national chains however if you want authentic local asian food you might wanna find a local asian to help produce it it might be desirable again the question for you guys is are you interested in cultivating that in the business mix let's boil this down finally to a very specific action item tonight saga has already announced that they're going to appeal your decision i have no other information about this i read about it in the reporter there is in this country a constitutional respect for due process you guys know that appeals can change your decisions including changes to penalties and knowing this may happen i ask you to hold the remaining penalty in advance for saga until they and the town have completed the appeal other towns do this in massachusetts it's only fair and not doing it is just being a bully we are also other license holders we're small businesses we watch what you guys do please consider this in the broadest possible terms you have to enforce the laws we respect that you have to enforce the regulations you also have a role in setting what the broader regulations are so that things operate efficiently in your town so that it's possible and easy for people to stay within the rules and still do the right things and the best things for the town in each of their operations please consider that broader role and more specifically tonight think about the impact you have on that business and the respect for due process that's it okay thank you sir very well said for the record with the exception of being a bully i think i agree with everything that was said so and actually if you wanna wait around the item is on the agenda i have to get back to the restaurant okay had you stayed you'd be welcome to participate might be somebody else might be somebody else yeah might be somebody else all right just on a quick update being one to three inches expected tonight just to remind everybody there is a parking ban in effect if you go to the town website it shows there i think it's from one hundred am to six hundred am so the town is in its right to ticket or tow and if it's a really nice car we get to keep it the other items if you notice in the packet and in some discussion back and forth to get it on the agenda we get a meeting thursday night and that is for judy's flowers to come in and mark and judy on the municipal conversion and what that is is when a town is auctioned or properties auctions are sold this provision allows them or requires them to come in front of the selectmen to share their ideas of redevelopment or development or nothing and then you have a say in that so there'll be a thursday at this room at six hundred and thirty and then we're also scheduled we schedule all the meetings with the advisory committee now so thank you for all of you guys who go to those meetings as well each week or each meeting we put on the town meeting warrant items for discussion and i wanted to just run through them quick at the beginning as a summary because the meeting is coming up in february and i think the more people understand it and come in and talk about it and participate the better so there's eight articles the meetings on february 23rd it runs a couple of hours and it'd be great to see some of the new people there in town and some of the for the most part it's been one hundred one hundred and thirty one hundred and fifty people maybe that come but there's a lot of work that goes in this all year round so i'm gonna go through the eight articles quick the first one is a home rule petition where we're asking for two things for the child abuse training sessions one is to add mandated reporters to the list of people in town basically people required in their profession or their job if they see something they mandated to report it and then also an article one is to require training we have a group in town that provides a training under the state law it just says training and there's no provisions on when how where to do it so those two items is added mandated reporters and a provision for training article two we are asking the state through the town to provide two additional liquor licenses in town article three is what we've termed the united steelworkers aflcio union which is the middle managers department heads and clerical employees contract for the year two thousand and fifteen and two thousand and sixteen article four is the police contract for two thousand and sixteen and two thousand and seventeen that's been negotiated and will be in on the warrant article article five is the boyden library employee contract for two thousand and sixteen and two thousand and seventeen article six is interesting because it's removal of the police chief from the civil service back in one thousand nine hundred and thirty one it got enacted in town and the town through its discussions and process decided that now's the time to remove the civil service from that so that'll be an article to be voted on in february article seven is a water main that's coming from main street up to lake view pavilion and that's sponsored i think through the cip or the water department water commission and then article eight is the one that a lot of people have been working on that's the new town hall and demolition of the old town hall so again it's only a couple of hours february 23rd would be nice to have a robust group there to go on this and this is what the town is all about the rules and the process that we follow so that's it for selectman's update unless there's anyone else that wants to add anything okay seven hundred and fifteen this isn't a public hearing we can go a minute or so early so if representatives from the saga hibachi steakhouse wanna come up so in this one this is a little bit of an anomaly and i'm just gonna give a little bit of a background the first item that saga is here to discuss going back on november 24th there was a alleged violation for serving or for i think there was three four of them that not clearing the tables et cetera we're familiar with that we had a hearing on the 29th on december imposed penalties on december 31st that letter was sent by certified mail out to hibachi saga and then we received a letter on january 6th that says there is going to be an appeal on the ten day suspension and the plc stated it was arbitrary and capricious not the decision to find them at fault but the penalty as we heard earlier it was a ten day going from january 8th to january 17th so we're right now halfway through it there i think five days into it yeah so when attorney stopa sent the letter it would have required this board to have a special meeting at the tail end of last week and i talked to town manager bill keegan and i think we decided that we would put it on the agenda tonight to decide halfway through the merits of that so the two things that we wanna talk we intentionally put the first item to see what provisions if any that they've come up with to make changes so this doesn't happen again and then the second one because it's under appeal i just wanna caution the board that not knowing where it's gonna go i do not wanna revisit the items of discussion when this board makes a decision i'm assuming that the person on the other side of the table put their best foot forward made their presentation we did it in a unified way and then we did our homework and we made the decision i don't like when people come up and try for a second pass at it but on this particular one where it's a respected business and a respected attorney i thought it would be worth discussing if this is something that if they have something new or some background or history that they wanted to share to sway us to maybe reconsider if we do wanna reconsider we follow the robert rules of order we would have to go back in and not rescind the motion but amend something that was already approved because this wasn't the way that the robert rules of orders plays out is to avoid having to revote things at the opportunity every meeting if this was up at the last meeting say we're gonna revote it and we participated tonight then we would need a majority vote but because it wasn't brought up this is the first time we're discussing under the robert rules of order we would need a two thirds vote so that would mean two thirds of the five people david did not participate last time but he informed me that he did go back and look at all the tapes he looked at the tape read the meeting minutes so he certifying that it will be a five person vote correct me if i'm wrong regular to vote so counselor's advice that he can certainly vote on that he can okay all right so two thirds out of the five means four out of five have to vote to revote this all right so just so you understand that so that second part we can talk about again after the first part of their presentation i just thought it was important for everyone to understand the history and where we're going with this so having said that welcome if you could just introduce yourself for the record mark stopa on behalf of the saga hibachi steakhouse i'm joined by eni chen and steven lynn they are the managers of the restaurant mr lynn is the liquor license manager eni chen runs the restaurant side and does most of the daytoday activities at the restaurant they were both here the last time that we were here they didn't come up and join me at the table because it was crowded at the table at the time but thank you for that introduction of where we are what we're doing and so forth and since we have number one and number two we'll start with number one as i had indicated at the time of the hearing even before there was a notice of violation saga hibachi steakhouse investigated the circumstances thoroughly and took action even without having been told to do so and just to remind you of what they did at that time they had fixed the cash register timing which had gone out because of a power failure they moved the last call for drinks from one thousand two hundred and forty to one thousand two hundred and thirty just to give themselves a ten minute buffer and again i know it doesn't necessarily need to be reminded but this was an entirely unusual set of circumstances that happened that night with the game running so late and it cut them off guard and everything that happened just became an innocent mistake that just snowballed but that having been said they decided that just generally speaking they'll move it to one thousand two hundred and thirty that way they don't ever encounter that problem again or at least they buy themselves another ten minutes or so of time to be able to react to exigent circumstances and lastly on that evening i indicated to you that they had already gone through retraining with all of the personnel in the restaurant to remind them what their obligation was regarding closing procedures and the timeliness of it since that meeting they've continued to make improvements to how they operate their business they've reduced those closing procedures to writing as well as some of the other important aspects of managing a liquor license in a restaurant bar and again emphasize because they put it in writing and presented it to their employees again as part of a secondary retraining they thought that that would have more emphasis because they can actually see what was being said to them so they again reviewed that in completion they've also now become part of fox cares which is why the gentlemen from tavolinos was here i suspect and there are fully involved with that activity and look forward to participating there and as indicated during the public input segment saga hibachi steakhouse is a valuable asset to the community and employs people and entertains people it feeds them and i would also implore you to try to help nurture that relationship they don't want to be in an adverse position with the town it makes them uncomfortable they don't want to be having to do battle on issues there was no way that they expected to be caught in the middle of those circumstances that evening they're embarrassed to have to go through this process it is very costly to them to have to go through this process they've now been out without their liquor license for five days and just so you could have an appreciation of what the net effect of that is to them again a small business with not big margins they've lost at a minimum of twenty one thousand in the last five days including tonight as a result of having had to return their liquor license it was not an easy decision for them from a financial perspective to decide to appeal but they felt that they had to and again they don't want to be in that position they don't wanna be adverse to the town they wanna cooperate participate and be part of the community but that we filed an appeal the second part of what you had indicated is we're asking that this board stay the balance of the punishment so that we have an opportunity to appeal this matter to the abcc as reasonable business people you can appreciate that sometimes we'll have differing opinions as to what's appropriate in the set of circumstances i think with our system of justice to have you have the power to hear the facts decide what the penalty is and also virtually decide what the appeal is because you impose the penalty in a quick fashion you eliminate the possibility of an effective appeal with the abcc because most of the traveling public who deals with these kinds of things knows it will take them at a minimum five to six weeks to get to it and they're usually busier than that and it takes sometimes two to three months to have the issue heard so there is that sense of fairness that goes along with that and not the least of which is you have in fact exacted a very very serious penalty on the saga hibachi steakhouse with the five days of closure the impact on their business from the regular public knowing what has happened there and the actual financial dollars lost as i had indicated clearly after the notice of appeal was filed one of the considerations that we had was and we suspected that there wouldn't be time nor interest to call an emergency meeting just to deal with the issue of staying the punishment the other alternative at that time would have been to go to court and i worked with the council for this board and the town and we had made arrangements where i would let them know what court we were going to what judge was going to be assigned and we had intended to be there that next day we decided not to do that for multiple reasons one huge cost but also it would have been huge cost to the town my clients didn't wanna do that to the town again hearkening back to the whole cooperation being part of the community aspect as indicated in the appeal documents that i filed with the abcc we weren't taking issue with the fact that they had the violations there's no question that those tables weren't cleared and the bar wasn't properly cleared in time no questions that happened so they were willing to step up and say yeah we deserve to be punished for that it was a mistake and it was an honest mistake or an innocent mistake but a mistake nonetheless they have an obligation and they understand that obligation so they decided that they wouldn't do that and they would wait for this board to hear what we had to say this evening so we are before you on that issue whether you will stay the balance of the punishment or take some other action in hopes that we might be able to resolve this okay a quick i guess i put on the category of clerical should this go forward to the courts what's the duration to bring it from appeal through decision of the court process are we talking weeks or months oh no if we are caused to have to go to the courthouse it would be done on an emergency basis everything would get filed tomorrow morning i would file a what's called i don't know and maybe misunderstand i wasn't clear if there's a stay to get through the court process not under the emergency situation okay let me be a little clearer there would be two aspects to it the court process would only come into play if you decided that you did not wish to stay the balance of the punishment we would then use the superior court to try to get a judge to order on an emergency basis that the punishment be stayed that would give us an opportunity to go through the balance of the process with abcc how long that process is they tell you you get a hearing within five to six weeks i don't think so i think it's probably two months but i would say that it probably fair to say that three months is the outer limit on them taking a decision and coming back to the town again because it's an appeal the town would be involved with that appeal as well okay thank you this isn't a public hearing so this is just an agenda item so any questions from the board or discussion items yes just one mark your clients they owned up to the violations which was nice the board we assessed the penalty within our guidelines can you tell me where you think we were arbitrary and capricious as i tried to touch on that evening and obviously there were a lot of things going on and i had a lot to say about probably too many issues i think it involves not just this situation but also the one the year prior where there was a shift in how this board decided it was at least again these are just my observations a shift in how this board decided it was going to handle liquor violations in town and i've been to more than a few of the meetings where those violations have come up i've represented a couple of few liquor license holders in response to violations received from the board and my observation in november of two thousand and fourteen was that there was a distinctive difference than where this client who i represented at that meeting was given a penalty very different from several other liquor license holders just the year before and it we went from a mere letter in the file to my client's being suspended for the maximum amount now i've been doing the practice of law for thirty one years if i could just for thirty one years and judges oftentimes have ranges of possibilities for what they can do in criminal cases and civil cases or whatever and my view is that and i think my client's view is that there has to be some recognition of what actions led to it if they had come in here they were a poor community member they were thumbing their nose at the board they were rude they weren't making an effort to be a good citizen i could see amping up the punishment to whatever the maximum is but i think in the november 9th two thousand and fourteen issue i reminded this board that the quote unquote sting operations that the police department runs by the very words of the abcc are intended to be teaching tools for liquor license holders in town not gotchas so that the town could just put the hammer down on somebody and i think if we were to look at it from that perspective it is a very good tool it can show where there are potential weaknesses okay it was a sting it was a setup and it showed a weakness so that's good the liquor license holder then a fairly knew business in town learned from the experience make changes so that doesn't happen again i think that was the intention of the abcc and the police department and coming up with that kind of a plan very similarly in the present circumstances it was a bizarre set of facts that just spun out of control that resulted in them violating and i assure you while there are suspicions on your side of the table as to whether or not it was a purposeful act on their part i've gotten to know these folks there is no way in the world there was anything purposeful that night i'm telling you before you even sent a notice they were already calling me saying we don't even understand what happened this is what we've sorted out so far what should we do and we started talking about it even before the notice of violation came out so bringing it full round to specifically answering your question i think when a board just all of a sudden hammers the fullest extent of the punishment they can without in my view and my client's view taking proper understanding of the set of circumstances i think that that's what becomes arbitrary and capricious and i would hope that the abcc would see it our way and say you have to leave some room here there are ranges of behavior and there are ranges of punishments that go along with that going back to the sting operation the board took a look at that and found that the young man that they used as an operative was so appallingly young looking that's why we went to the three days for everyone we have to act as judge and jury in a lot of respects to find out what was the extent of the violation and in that particular case there was nobody at the switch in this particular case and it was awfully nice to say yeah we were owning up to it that was to their credit but the thing is had the police officer not been called you have to wonder how long would it have continued well and i'll quote jenny our names are on the license as well and we're responsible to the community for making sure that the license and the rules and regulations surrounding that license are upheld and i know that you've said before that these should be a teaching moment how long do we have to teach well actually that goes to perhaps another point that i should've made had there been a repeat of a specific violation previously and have it come in the second time i could understand putting the hammer down more so in that circumstance that's why when i opened my remarks at the time of the public hearing i said this is very different from what happened previously not related at all except that it is a liquor license holder and they have an obligation but it's very different set of circumstances they repaired if you will the problem with the operations with regard to the sting because we haven't had any issues with regard to that since then but now we've presented with this bizarre set of circumstances and i'll just harken back to november of two thousand and fourteen because there was something else that this board had said that struck me and it has stayed with me and i can totally appreciate there was a level of frustration that was palpable that was coming from the board with regard to either increasing or a level of hits on these sting operations it's almost seemed like the liquor license holders weren't learning a lesson and to that extent i can understand that frustration but with all due respect i don't think the frustration with people who had failed the process previously should have resulted in a punishment that hurt these folks because they weren't part of that process and again that's why i think that there are ranges of penalties and if somebody is repeating the same violation multiple times i think that's what that range and the upper end of the range is intended for again just my view but having been before a lot of administrative boards and a lot of courts and so forth that's the way i think most of the world views that and i would ask that you folks do that but our regulations don't say that well they don't say that specifically but what they do is they give you discretion of course of course so that's where your discretion and the concept of arbitrary and capricious comes into play and there's a crossroads to that where there's discretion on your side if the facts and circumstances to a reasonable person suggest that it's egregious enough that you should go to the worst of the penalties then of course that's reasonable if however the circumstances and again i would implore you to accept my version of this but if circumstances are such that it's not that egregious and you have a range of penalties then somewhere in between is probably inappropriate place to be and again i don't sit on your side of the table so i'm not gonna tell you how to do your business it's my observations and i'm representing a client here but i would like to think that if i were on that side of the table and i were judging someone something in that regard that i would be able to understand that fairness aspect and i would say that arbitrary and capricious are acting outside of our authority and outside of our guidelines no that's not specific that's a term of art if you will in the legal world for purposes of an appeal on decisions like this arbitrary and capricious are the buzz words that the abcc knows to see that suggests to them what were the circumstances does the circumstances warrant that kind of a punishment and that's really what the arbitrary and capricious in respect to the way i wrote it the way i intend it my client's intend it and i think the abcc intends to read it is that circumstances does the punishment do those circumstances warrant that level of punishment and that's where it lies so i would ask you to not take any personal offense to those words because it's not meant to suggest you operate outside of the realm of what was appropriate my view is we completely disagree but i think i've got a clearer perspective on it thank you other members of the board yeah i'd just like to touch on a couple of things that you mentioned one in relation to november of two thousand and fourteen the boards change okay so people bring different views i think one of the alarming things was the sheer number of violations and i think that was a wakeup call to a lot of us that we need to act and maybe not send a message but act within the guidelines of our regulations and you talk about teaching moments you can learn from the mistakes of others i think one of the positives that came out of all that was the recreation of fox cares they do a great job they really do i see vick in the back and he's a member he's been one of the original members but if you participated in fox cares some of these things you would have been alerted to they invite the abcc and they did a presentation on fake ids they talk about best practices they talk about some of the problems that they have with staff they do really good work and yeah some bad things happened this is one of the positives that came out of it and i'm glad that you're gonna be a member of fox cares going forward and listen i understand you're contrite and you understand the mistake but we have rules and regulations that we need to uphold and we need to be clear that public safety comes first liquor licenses are a privilege and not a right and when there's violations we're gonna act accordingly we don't wanna do this believe me we wanna support our local businesses but when there's mistakes they have to be accountable for those mistakes and they have to be responsible for them and i understand that and then just following what you had to say about what happened in two thousand and fourteen and the board changing its perspective on that i'll share with you what i suggested that evening is i appreciate the fact that there was frustration with the board i live in town my business is in town i've been here more than a little bit of time and i share with you that same frustration because we don't want to see those problems come up we'd like to think that people learn the point of that though with regard to my clients that evening back in two thousand and fourteen was i think it's again just my opinion but i think it's a better perspective to come out after a volley of these things where you've treated the business owners the way you have treated others in the past to close that do whatever it was you're gonna do and then look in the camera and collectively say from this point forward men and women boys and girls we're going to do the following no longer will there be a letter of reprimand in your file but you will in fact if you fail one of these sting operation and i apologize i forget the actual term for those but we all know what i'm talking about if you fail one of these sting operations you will in fact be suspended for three days that is what this board is going to do from this point forward i thought in two thousand and fourteen that that would have been the more appropriate thing to do and i'm a little disappointed that we didn't have an opportunity to appeal that one to the abcc because i think that they would have shared in that perspective didn't work that way here we are it's two thousand and sixteen but i think it's important to understand how we got to where we are today some of the things that have transpired in between and maybe that makes life easier for you folks in how you conduct your business so i think the way we get the message out is through our rules and regulations that go along with each license on the renewal each year that's how we get our message our punishment as defined not looking into the camera like you said how many people really watch how many of the license holders are really sitting watching this meeting yeah but if you say it it gets reported they pay attention and i pay attention and i represent not just them but i've represented the liquor license holders and at that point i can have a conversation and i would add if you folks had said something like that and i had read it saw it heard it i would have then contacted my clients who hold liquor licenses in town and i would have scheduled some time with them to say okay there's a game change here no one ever intends to violate the rules but you need to understand that the penalty for doing that has just been amped up so whatever you were doing before if it's important to you if money's important and continuing to be able to operate your business is important then you need to revisit these issues and make sure it doesn't happen in my world that's exactly what would have happened so what you say from here even though there's not a lot of people here and i don't know how many people watch you on the television or watch it on the tapes or whatever the word gets out and particularly to the business owners and particularly through fox cares everyone will would know right through fox cares and i don't wanna have this go back and forth cause there's no point in that i think everybody knows where this is headed but fox cares reached out to your client in november of two thousand and fourteen they never got back to them they reached out on two or three other occasions and it was we're not interested or there was no desire to join now all of a sudden there's a desire to join and i get it they don't know what it's all about and they have their own own business to tend to and it's a commitment a meeting a quarter and some dues and everything else but it's sharing best practices with other license holders other license holders that have been through exactly what they're going through so it would have been to their benefit back in november of two thousand and fourteen and had they taken that opportunity they might not be sitting here today you may very well be right but we can't go back and undo history we're here today but one of the things i'll remind you because i have had a conversation about this with my clients is that the saga hibachi steakhouse but that's just a building and a sign it's people and we discussed the numbers of life related issues that had come up in between that prevented them from doing all the things that they should have done maybe with regard to that there is in fact some cultural and language barriers that have gotten in the way with some of this and now that they are involved with fox care maybe and those folks understand that there are some of those limitations as well and they have in two thousand and fourteen a fairly new business they're trying to make it work you don't just open a restaurant and say yay we're making lots of money it's a lot of hard work and as anybody else here knows who has had a business it's relentless so not by way of excuse but by way of understanding i think they knew that that's something they should have been doing there just wasn't time in life to get that done i won't go into any of the details but it sounded semi reasonable to me that why they hadn't had an opportunity but i think in large part because of what this board had to say and perhaps some of the things that i had to say afterwards they understand that that has to be a priority item because this is an important piece of their business to have a liquor license and to be able to operate that responsibly and protect it because irrespective of it being a privilege it's also a valuable asset and they don't want to waste that well now we've moved into the next agenda item so i'm gonna step it up a little bit chris and jenny any additional comments on this well my comment is everyone who applies for a liquor license in the town of foxborough is given rules and regulations that they have to read understand and obey and we have with four thousand seven hundred and forty nine other establishments that have liquor licenses we don't get people here all the time before us we only get the people who violate those rules and regulations and that's why you're here and i feel very comfortable with the decision made by the board of selectmen at the last meeting in regard to this violation was a very fair one and i don't believe that the abcc will find that it was not fair that's just my comment chris one quick thing mark you had mentioned that right after the december 29th hearing you were thinking about immediately appealing but then you didn't want to and then i heard a little while later if we decide tonight not to change anything you are going to appeal tomorrow morning well if you don't change anything i'm left without any other options except to go to a supreme court judge and ask for that judge to stay the punishment so that we have an opportunity to be heard at the abcc what happens in the case of an appeal if actually i didn't even ask the question cause it doesn't matter but i'm just saying like what if the abcc found us that the punishment was too hard they've already served five tomorrow will be six days by the time something hears that you could have already served eight days of a suspension so what happens if they say we only should have given you a five day suspension what happens well that's the downside of us waiting but again we chose to wait because they don't wanna be at issue with the town they don't wanna be costing the town expenses in the form of legal fees and so forth they just wanna do business and they wanna be treated fairly and that's why we didn't do that then but we're at a point now where we wanted to come back and have this conversation so that perhaps the board could either reconsider how it wants to handle their punishment or at least stay the punishment so we have an opportunity to flush it out because i respect all of your opinions and hopefully you respect mine and who knows who's right i think i am you think you are okay so we'll let somebody else call it and that's what the system is set up to do it's just when this punishment came out so quickly it didn't leave room for that if you will i mean i personally am not gonna change my mind we were within our guidelines it was four violations so everybody knows our guidelines when they every year sign that license they see what the possible penalty could be so but if i may just say one thing about yes there were four written violations but they were four ways of saying the same thing you didn't clear the tables in time if you're driving and you hit somebody and you cross the lines and a violation is a violation it's one incident but that gets identified four ways i appreciate that any other comments so we're at the crossroads now if there wants to be consideration for an amendment to something that was previously adopted someone would have to one make a motion two it would have to be seconded once it's seconded would have discussion then would vote on it and in order for that motion to pass we would need four out of the five selectmen to vote in the affirmative and if that motion was to and just to be clear it's not to reduce the number of days it's to take the remaining days and put it off to a period to be determined to let the appeal process play through the court system everyone understand that so do i hear a motion in the affirmative i'll make a motion to let's see hold the remaining penalty in abeyance until which time the saga steakhouse has had a chance to appeal to the abcc okay motion made do we have a second on that motion asking once asking twice asking three times not seeing a motion the motion fails to move forward okay thank you thank you counsel thank you i say these are never easy decisions to make next item we're few minutes behind but mary beth you wanted to bring forward the foxborough highway and water employee union contract for discussion what you have in your packets tonight is basically a consolidation of the previous contract and memo of agreement that you've seen before so this memorandum of agreement covers july 1st two thousand and fourteen through june 30th two thousand and sixteen it was ratified by the union and came to this board and was approved on march 3rd two thousand and fifteen it was funded at annual town meeting so what you're seeing in front of you is just we had brought you a memorandum of agreement and this is a consolidation taking the old contract and the memorandum of agreement the previous contract preceded both bill and myself so you've already ratified the terms of it as of last march two thousand and thirteen the union ratified you approved it and it was funded at town meeting but we're starting contract negotiations again with this group and everybody wanted a consolidated document so this incorporates the memorandum of agreement that town meeting and you have already agreed to we're beginning our fy17 negotiations we wanted a clean consolidated document both parties have reviewed this as well as town council has looked at it and we just wanted a clean for our record books consolidated document so that's what you have in front of you i'm happy to say what started negotiations were well into i think we have our third session coming up and this is sort of the template for our next set of negotiations yeah so is there anything that's highlighted in here that's different from last time we saw it no what happens is it incorporates the old contract the memorandum of agreement any side letters of agreements so everything is now uptodate in this document and we're starting on negotiations with so this was presented back to the board more as an fyi at this point yeah we wanted to tell you why we asked you to sign it okay so as you can see the union has signed it bill has signed it there's been no officially no changes there's no change it's just a consolidation but we appreciate your attention to what we know you had a thick packet this one okay comments questions concerns from the board i would just say next time check the numbering on the bottom of the pages it's very confusing goes from two to five to four to seven i think it's flipped there you go i commend you for double siding i think of chris just flips his paper and figure it out no i agree though some of the pages this is a disaster to find something all right in that case not seeing any further discussion thank you very much now we're discussing points thank you okay the special time warrant review changes again we keep this on for any discussion and i'd invite anyone from the audience if they had any further discussion or comments or concerns from the eight warrant articles that are going forward and i know some of us have been going back and forth to the advisory committee but as of now no changes since the last time and everything's on track the one thing i will say is that we have officially posted it on the website so anyone can see it tonight it's still in draft form officially the board will sign this document if you feel it's acceptable at your next meeting which should be on the 26th okay you're sure we haven't signed it already yeah i don't think we have in order for it to get to the we approved it went to the advisory committee but it didn't have our signatures okay we haven't signed yet okay very good and if anyone at home obviously it is on the website but toggle or click onto the advisory committee section and there all the meetings are posted and the different items are scheduled on there but any questions on any of the warrant articles another meeting tomorrow night next item actually we'll combine these at the time manager update and the assistant town manager update if you wanna run with this sure it's heavy meeting season actually in case everybody noticed moving on just one every night of the week it seems but the audit committee met last night first time in seven years that the committee met i guess but it was actually a very good meeting we had the committee reformed as of last night primary purposes is to start looking at formatting financial policies that we can actually use in our attempt to try and increase or improve our bond rating that was the one thing that certainly was indicated that they'd like to see our policies in writing so that committee is working on getting that done and they'll have that hopefully completed by april so in time for the next time we go out bond the housing trust committee met tonight for first time so i'm glad i know you're actually here happen so we actually and john attended tonight so i had the first meeting so we have a meeting again probably in another couple of weeks to try and get or try to get some professional assistance to help guidance in the process we covered a lot of ground in forty five minutes we did actually actually was a lot of stuff talked discussed so it was good meeting and good interest and good discussion around the table the cip meeting met last week that was to cover three items one was the water department article that's on the special town warrant and there was a police vehicle purchased that the chief made as well as a and then it was well of course the town hall project that was just on the town meeting warrant for the special town meeting in february so those items were discussing and were recommended by all three items were recommended for approval by the committee i wanna say budget meetings are around the way in our office right now we're also meeting with the ad comm on a regular basis we have another meeting scheduled for tomorrow night and i know that there's more discussion on one of the articles for town meeting for the child safety committee child safety and sexual awareness committee and also i wanna congratulate the fundraising committee for the flagpole so it was meeting their goal and i am told that the one of the last major payments was made by the partisan and patriotism so appreciative of that and then thursday night we have another meeting scheduled which will be for the municipal conversion meeting and this board is required to hold prior to the closing of the sale of the property both the fire station and the funeral home so at that point you'll be receiving information from the prospective buyers of the property as to what their plans are for the redevelopment of that parcel so that's scheduled for six hundred and thirty prior to the planning board meeting that will also be held in the same room yeah bill i had sent you some questions i'm i able to get answers to those questions i've given those quite that information to town council town council is actually gonna be providing those answers to me for that by tomorrow on that information also can you get information that the auctioneer had given to the perspective bidders exactly what he told them what they understood to be the expectations of the well yeah it's all in writing they actually announced it prior to the sale itself can we get a copy of that oh sure yeah that was read right into the record okay well i wasn't at the auction yeah yeah it was a very lengthy document it's actually the purchase and sale agreement which actually describes the whole process but can that be sent to us electronically so we can yeah i think so yeah i believe i can send that to you today tomorrow okay thank you yeah and then and also there was additional information on the website as well that that was just it was only we're getting zoning statements things on nature too so a lot of that information was disclosed and i think that's it for me for my report mary beth mine is brief contract negotiations continue we're trying to wrap up the police contract were very very close in time for the warrant article to be reviewed and for this board to look at the contract we're not there yet but we think we will be and we've also begun negotiations on all the next groups so dispatchers and dpw negotiations have started for the next fiscal year also recruitment efforts are underway we've been very very busy with we're interviewing payroll coordinators to fill the vacancy as well as public safety dispatchers right now we're in that process we're also recruiting for two dpw positions because one was a promotion and one was a retirement so those are underway as well so we've been really busy also personnel wage board is gonna start the meetings up again for the year on january 20th and that's in preparation for a warrant article at annual town meeting regarding the personnel bylaw and some new policies so been working on a lot of hr stuff and making some progress well that's going on yeah thank you great thank you both just two quick items touching on two things that you brought up bill the cip i received an email traditionally the chairman of the board of selectmen is on the cip and i think the email went out to john silbeck at the advisory committee and he accepted for the advisory i had asked just so you know i had asked jenny to represent the board of selectmen on the cip i'd been on it for a number of years and i just felt that it was good to get a fresh set of eyes and different perspective looking at stuff so i think jenny accepted you went to that meeting yes so we have to appoint her i believe before she votes on it correct i don't think that's been in the packet yet to appoint jenny no it was on hold pending she had one back in may but then it was put on hold to determine who's gonna do it if it was gonna be you or if it was gonna be jenny and she never got sworn in but we do have one laid out for her okay so if we could i guess put that in the next packet if that's not gonna hold up anything do you have any meetings within the next two that you would have to vote on something no we're all set all right so we'll put that on the next and we'll appoint her if the board sees fit yeah she was able to attend the meeting and take all the information in so she's good at that better than me at the cip and the other item just so you know i will not attend thursday's meeting i don't have a conflict but it's probably a perceived conflict because one of my offices is in the building that the owner of the fire station own which leaves thursday with a board of four people so just be cognizant of that and that vote is needed before they close so if it's a two two vote try to work it out so it's not a two two vote but if you have any questions or you want my insight i can send something to the board if you want my opinion on that bill is mr castillo gonna be at the meeting i can have him here i hadn't planned on but certainly can you guys knowing that i think it'd be good to have town council well actually its two council we've never been through this and i think it's just so that we can navigate the waters if we have to put some guidelines jim coppola was i was gonna say there's two councils on this is the attorney that handles the actual transaction on behalf of the town he does all the legal work as far as the bidding and all the things that could done at that level from castillo's office no no no he's special counsel to the treasurer collector and the finance department handling this whole thing so he would be the counsel to represent this because he was at the closing not the closing he was at the auction as well preparing documents so the question is is this town but i think the question are you referring to the question about whether town council can weigh in on the question of the bylaws or the application of this law the zoning bylaw well i think there's gonna be questions about what you can and can't do yeah i'm looking for guidance on the depth and breadth of municipal conversion so that we stay within bounds it was interesting i have spoken is special counsel really financial or is he more oh he's strictly the financial he's seeing this particular deal okay yeah no but i think we need not well the financial is nice but i think what we need is someone who can interpret the municipal conversion bylaw first it is interesting i will note that town halls had never seen one of these in thirty years that a bylaw of this nature i've never seen one i asked paige a few weeks ago when she said she was familiar with it i've never seen one can we get a copy of the parameters of this yeah it's in a zoning bylaws so you can probably click on it on your webpage but just as far as certain other case law that's taking place if we started heading to the boundaries we can get drawn back i honestly i think oh if there's any case law on this to be honest with you well i looked online to see i don't think there really is so we're really new territory completely this is a new one and also will the planning board and the asset review committee the asset review committee plans to attend as well as the planning board the planning board is gonna be here cause i think they're gonna be here for their meeting anyways they have a meeting at seven yeah and it's gonna be fairly good representation from the asset review committee okay sorry i have to miss this one lucky you i know i'm sharing i mean it's a unique process i'd like to see it it is a unique process i think it's important we just want to oh no i agree do the right thing by all participants yeah i mean look this property sat there for a long time there's a lot of i mean the eyes are on it to make sure it's done the right way so no problem with bringing council in and having a robust discussion okay next on the vehicle use policy and i think this is yeah if you have this it's a sixteen page policy in your packet i think that it's been vetted by this group a couple of times with some really good questions and edits it has been circulated to counsel has looked at this the department had grouped the operational group and users of town vehicles so the policy is here for your adoption as policies get adopted we're hoping to include them in a policy manual rather than as we go forward and change the personnel bylaw to a real bylaw and have a town hall policy manual this would be incorporated in that yeah there is a policy manual at town hall don't know the last time it was opened but it's there yeah we're one by one looking at the policies that's what a personnel wage board has been looking at going through it and we have hr counsel that's helping us with it so this is consistent with maya this is maya's template sample policy and fact i think but with our additions and changes yeah we took our old policy which is about a four pager and put it in with this and then we presented it to our loss control group which maya has representative on there and in fact i think we can once it's adopted we can submit it and get maya reward credit for doing this for updating that we've had the chance to unfortunately apply this past week we had an employee who had a damaged vehicle and we were able to turn to the policy and say what did we do to have how do we handle it so it's already been helpful to us no policy is good until you actually have to apply it and it worked so do you wanna make a motion to adopt yeah just one question first all the people that this affects that they've all seen it agree with it way i know i probably asked you that the last time yeah we've circulated it to the department heads to the users of town vehicles to our operations group in fact we've been floating this round for quite a long time one of the first edits we had from sharon watson on it so i'm just going through the file today looking at everyone's comments finance director gave his comments so we've been vetting it through as many groups as we can as well as personnel wage board and our loss control group okay i'd like to make a motion then we approve and adopt the vehicle use policy i'll second that okay motion made and seconded further discussion seeing none all those in favor of the motion motion carries fivezero thanks for all the hard work on it thanks very much good to check that one off i don't know how this happened but we're ahead by twenty minutes nice you better get going okay cause what i'm always driving chief o'leary is here and his gonna come to a screeching halt now so the constable policy chief would you like to come up to the table you're on the agenda with mary beth on this welcome okay so in our packet there's a policy of appointment of constables and in it it's somewhat colorcoded i think those are a lot of the changes or suggestions that we've had in the last couple meetings on this so the last time this was brought to the board by the chief there was some discussion on we had looked at this reviewed other towns policies chief put this together we met a couple of times and the board asked us to relook at some of the inconsistencies between the application and the actual policy so we've done that now and the policy statement you'll see an edit in color that the board shall appoint not less than ten people to constables and on page two the residency should be in or proximity to foxborough so that's now consistent throughout the entire instructions the policy document and the application this application and information was sent out to all our current constables that we have listed for the town the chief is constantly reappointed as a constable and with the exception of four people from our former list did not reapply but i have a list today i don't know if we have on the agenda view to appoint the actual constables today is that no no agenda no just to approve the policy okay so we'll have that for you next time to look at the constables right now we will have nine to appoint so if anybody out there was either a former constable and wants to get their application in or if anyone's interested we would still be able to entertain applications to present to you and they get approved by the chief and recommended to the board especially where the board will hopefully take action within the next two weeks cause some people's appointments have expired in the time period since we started discussing this fall if it could be moved on next week people still have time if they put an application to us that i could do the background investigation and be able to add them to fill up potential vacancy that we would have okay could i bother you just to could you just give a brief summary of what a constable does generally who's eligible to apply for it so the primary purpose is to serve civil notice on different residents and or businesses that are here foxborough and have a legal address here many of it has to do with civil litigation issues potentially divorce papers and other minor type of court orders that are result of civil action and the regulations which we had not had in the past we were just going on state law it spells out the duties in a particular nature and also limits some of the legal action that they would take from time to time state law does allow constables appointed in very restricted areas if necessary they could make an arrest but we've tried to limit that by the wording of our policy and all the time that i've been in office i think there was only one constable from some other community that actually ended up arresting somebody that was trying to flee with a car that was trying to be repossessed we assisted the constable but he handled bringing the person to the dedham court okay so if our next meeting will be on january 26th do you have that complete list maybe i'll supplement it with anyone that wants to join yeah we have a list that we will present you on that day we will if the board approves the policy tonight we'll have it on our website so the instructions the application the cory form anything somebody would need to apply will be on our website okay i just had a question there are two tiers of bonding yes there are and do we have a how do we keep track of the tiers that the people are in they would demonstrate to the town clerk that they have the necessary bonding in place they would go to a agency that does bonding and submit a fee to get a particular level and the level that they get or the nature of the paperwork they're going to serve and from what i have seen many of the people have the more extensive bonding level so they can serve a greater variety of papers but do we have like a copy of that for their file or the town clerk would manage that file the level of bonding could be added to a spreadsheet it could be we could add that to this mary beth are the current applicants or incumbents are they all in good standing relative to the town with payments and fees at this point we only have one with a reported that was one of the reasons for redoing we needed to do a reminder to these folks that in order to be appointed as a constable you needed to have a reporting process so that's spelled out in the new regulations and anyone you reappoint will need to complete the reporting okay so we're only looking forward and we're not looking back okay fine i only have on record one person filed a report of fourteen on the list okay so next time around i'll ask the same question yeah exactly you have a column for that if i could they're required by law to file a report this coming april for any work done by them during two thousand and fifteen and that would be a good way of seeing what is being done by each of the constables and the expectation that if they are doing work on a community they have an obligation to pay the town a percentage that's spelled out by the state law of the work that they've completed so having that one of the catalysts why we went in this direction back in april of two thousand and fourteen wasn't that law in effect as well it was and and just nobody did it no one complied because we didn't really spell it out in our regulations and i think that now that it has been spelled out i would have an expectation those that are still active constables serving papers would have to file the necessary financial report we'll keep that and we'll ask that later yeah well i'll be honest it's just a little unsettling where money's due to the town it was a law you would expect the constables to understand that and pay their fair share of what it did well they're supposed to be upstanding and a good moral character that's part of the requirement one thought that i have in that point though is the fact that where they do provide a state they're provided by the state report now on in april one of the things we require is that you get a copy of the state report along with a local report indicating all of the activity they had done here in foxborough so it'd be like an addendum to the report would it be out of the realm to appoint them the people that are getting reappointed to ask for that report for last year well it's a good idea well no i mean that's they're not required to you submitted until april so no no no i'm talking about the report that was due april two thousand and fourteen i don't think i think the requirements for this year right the two thousand they have to report the two thousand and fifteen by april of sixteen and if there was work done in the community there should have been a report although we didn't have a regulation report should have gone to the town clerk but that's the town regulation but doesn't the state require no but the state law requires they do the report did they require it in fourteen and fifteen it was state law it was in other words jim's your question is should there be a report from the calendar year fourteen that was submitted an april fifteen yeah if they work for the town in that calendar year to get reappointed provide the report and see where that goes to be honest it's just bothersome that it's a state requirement by a constable and regardless if we enforce it or not because it wasn't in our regulations it shouldn't be an excuse not to provide the report to the state and copy the town so is that reporting requirement in this policy now which is this policy needs to be tweaked again no it's there no it's in there under fees fees yeah okay okay good so where it's already in the regulation i forget was the motion made yet not yet so the motion we could still vote to approve this but at the next meeting when we get the list make a note that a requirement that that report has to be subject to being submitted before they get appointed or at the time of with their application or what have you yeah so you wanna require that they provide a copy of the report filed with the state prior to appointment would it be helpful that a letter goes out to the pending appointments and reappointments this week so that making sure that they have that time opportunity absolutely sure yeah by constable or by regular mail and we're not gonna serve it all right so oh the irony they may actually do all for money and why we wouldn't we collect the money from well let's try the honor system with the application and see what we get with it so i make a motion that we approve and adopt the new constable policy i'll second it motion made seconded further discussion seeing none all those in favor motion carries fivezero thanks chief thank you very much you're welcome okay before we go into executive session for the two december executive meeting minutes approval we have seven action items and you just see in your packet one of the action items the friends of the flagpole is updated tonight with the new list one second all right so article the first one is for selectman approving selectmen meeting minutes from november 3rd two thousand and fifteen december 15th two thousand and fifteen and december 29th two thousand and fifteen okay can we do these separately sure we'll start with november 3rd anybody have any changes tweaks and issues we'll just make the motion of this i'll make the motion that we approve november 3rd selectman's meeting minutes and i'll second that motion made seconded discussion on the november 3rd all good all those in favor motion carries fivezero for the thirty nine pages of notes that's good like to make a motion that we approve december 15th two thousand and fifteen board of selectman meeting minutes second motion made seconded any discussion on the december 15th notes all those in favor motion carries fivezero and before the motion is made i'm gonna make a recommendation to hold the december 29th meeting minutes because that has to deal with the hibachi i'm sorry i keep saying saga where it's under appeal right now it's lengthy that's another twenty six pages so i wanna take a second look at that all right that's good take a motion that we hold the december 29th just take no action yeah okay item two all right council on aging i'd like to make a motion we approve the appointment of janet o'neill to fulfill the vivienne fitz term expiring may 1st two thousand and sixteen and i'll second that and thank you janet for volunteering very much so motion made seconded further discussion seeing none all those in favor motion carries fivezero item three animal control i'd make a motion that we accept the gift donation of the amount of one hundred and seventy six from eric kieran for adoption fee i'll second that motion made and seconded further discussion seeing none all those in favor motion carries fivezero all right number four agricultural commission make a motion that we reappoint rosemary smith to the agricultural commission expiring on one hundred and twenty one thousand four hundred and eighteen i'll second that thank you rosemary very much so motion made seconded further discussion seeing none all those in favor motion carries fivezero council on aging i make a motion we approve a gift donation of fifty in memory of renee carter for use with council on aging programs from mr and mrs david lowe and i'll second that with gratitude again thank you motion made seconded further discussion on the acceptance all those in favor motion carries fivezero all right number six friends of the flagpole that's the one that was updated yep i have it right here i'd like to make a motion that we approve the remaining gifts and i'm gonna read the gifts albert jones sozio fifty foxborough jaycees five hundred kevin and dwayne weidenfeld one hundred kevin and diane sorry roseberry smith twenty five william and kathleen havertz fifty sandra and donald norton ten sixteen rock hill street nineteen centennial drive twenty eugene and alice cummings one hundred ten ten i'm sorry earl and sandra brown one hundred phillip and tracy costa twenty five lbp solutions one thousand historical commission donation jar fourteen and thirty one cents wepay gofundme one hundred and forty another gofundme for forty colby's cleaner donation jar seven thousand one hundred and twenty five spoodles donation jar seven and sixty seven cents and the partners in patriotism fund bringing us over the top for twelve thousand so the grand total of all donations to date into the town is forty one thousand nine hundred and forty and ninety cents and i'll second that and i just wanted to thank everyone that's participated it's quite a list and it's quite a community project and i can't wait to see the new flagpole so exciting we've got a meeting scheduled this week right yeah thursday morning we're meeting with the dpw director roger hill with one of the vendors out of rhode island to look at the pole look at the base trying to get quotes for approval construction and then have everything ready in may for memorial day and because of the winter if it doesn't work it's definitely founder's day but we really shooting for memorial day to have that ceremony there in turn and see the new flagpole sure can i just put a shout out to the facilities folks who actually did a good job of actually fixing all the lighting around the common so everything's operational once again and it was a couple of lights that were out for a long time and then they managed to get those all fixed and so i know one person who's particularly happy to see all those lights back on and i myself i'm happy to join in praise of that work that's really come out nice yeah i mean jack of lesbourne i wanna say pet project but this was more than his pet project this his soul out there and i know he was concerned about the lights and that whole process and he puts his heart into this and the forty one thousand nine hundred and forty raise by the community plus the donations and municipals it's a nice partnership to have and i think a lot of people and i was just joking with chris before when this started i was doubtful that whole sentiment would catch on and i was told that it would and it did oh yeah you were doubtful that we would raise it in the short of a time there's a lot going on and you ask people for money without the passion behind it it was gonna be hard to do but it's a great committee and exciting project looking at that list too so many different walks of life donated to this businesses and individuals welltodo individuals and people that can only afford a little and it's a great testament to what the flag means and what it means in foxborough is it to see the seven donation jar and then the twelve thousand donation of course every one of them are just as important and while we appreciate the major donations we also know that those little ones were just as equally important in sharing and the excitement one of that new i know one of the committee members had their kids at walgreens on a table and for a rainy day and look at the jcs that gave five hundred and that came from greeting cards that they had made up so if you wanted to buy greeting cards with the common and things around the town i think it was ten a box to make up five hundred a lot of work that went into that so mr chairman may i make a suggestion that the group that puts together the town report consider using the photo of the thank you sign with the flag as the cover of the annual report the picture of the we did it yeah we did it because that really symbolizes the community effort well there were two things actually where we were struggling with on the decision was the soldier came back this year too and that was a nice picture that we thought we would but i think we're gonna do a story on that jack actually agreed to write that story on that for the inside of the other report well maybe you could do both or something yeah well jack's involved in both of them so maybe yeah that's a good suggestion cause i thought that was when i went around that common the first time i saw it i thought hat was just a fabulous photo op yeah it came out well so that's a good thought okay so we go to our thank you so that's it for the motion made seconded we didn't vote on that one oh okay motion made seconded further discussion all those in favor of the acceptance thank you very much motion carries fivezero all right number seven new england patriots charitable foundation i'd like to make a motion that we approve two one day all alcohol licenses on january 16th two thousand and sixteen from two hundred pm to four hundred and thirty five pm at the empower field house hospitality suite at patriots game and the second one is for january 24th two thousand and sixteen from one thousand two hundred and thirty to three hundred and five the empower field house hospitality suite contingent of the patriots making the afc championship game i'll second that okay motion made seconded further discussion on the two licenses requests seeing none all those in favor motion carries fivezero and good luck this weekend with saturday afternoon game the last thing you should say go patriots yeah it's gonna be a miserable rainy whole day but hopefully we play well in the bad weather from what i've seen in the past all right that concludes the regular items we'll close the hearing all those in favor of going into executive session raise your hand hold on we just oh i'm sorry sure sure yep no i think if you could just introduce yourself for the record well of course i'll start with a meeting barry duna foxboro reporter i just want to clarify a few things before we get out first the gentlemen i apologize for being late the snow i nearly what's the word spun out so i was going slowly so everyone be careful the gentleman who did public comment what was his name graham silliman graham silliman and then he is the manager or owner of what tavolinos tavolinos yeah and i think he's also involved in foxborough cares is as a leader there or just his partner town hall patron as the vice president okay excellent so that'd be graham sullivan you say silliman silliman silliman excellent and did i just understand that correctly that you guys approve the final funds for the foxborough flagpole so now it's all set and i should give jack a call tomorrow yeah we had a fifty thousand estimate so a certain percentage was donated or contributed by the town dpw or the labor and some of the materials around the plaza the majority of the funds were privately donated so what we did tonight was we've had a tabulation every meeting and it's come up to forty one thousand so we formally accepted the donations so once we accept them then they go into the town fund for the flagpole excellent so you don't need to take any more donations now you could still donate barry if you'd like yeah the estimate is an estimate obviously if we go over then we'll need it but i'm pretty comfortable that we should have it and never wanna ask for more than what we need so you have estimated fifty and you have forty one now correct and so that's enough of the money that you're comfortable meeting with a vendor to get the job yeah the installation and fixing the plaza and the flower planting bed and all that stuff around it okay just wanted to clarify yeah that's about every or did anybody else speak in the public comment period before i came in no it was just that one gentlemen okay well thank you very much okay drive safe anyone else okay all those in favor of going into executive session roll call yes yes yes yes jenny and chairman says yes so we'll see you in two weeks and conclude