good evening welcome to the fox reporter slackens meeting for tuesday march seventeenth happy st patrick's day everybody read the agenda the chair reserves the right to call items on the agenda out of order the times that are listed for items are proximate times and items may be reached earlier or later than the posted times the listing of items is those reasonably anticipated by the chair which may be discussed at the meeting at least forty eight hours prior to the meeting not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law seven pm will have citizens input topics not reasonably anticipated by the chair forty eight hours in advance of the meeting seventy five will have update seven ten from maya we will have jeff sienna talk about the mio ward that the tom fox for received seven twenty five n p s will be here for a public hearing discussion and vote on the new england revolution soccer games application seven thirty five roger hill and mike stanton will be here to provide a sewer capacity presentation seven fifty five the board will discuss the spring warrant articles ten mar will discuss the boat cory policy eight twenty bill keegan will provide us with a town manager update street and i read in the reporter last week that it said that i believe the by lines at the size of the class has been reduced in the protective custody case but then as i read the article was a little confused by the quote from the attorney so my only question is has i we still in a class action suit are we not class actions in terms of right we'll move on to selections update again just want to wish everybody had seen patrick's day and i just wanted to point out last night when i was in town hall i saw a whole bunch of letters from students who were thanking our d p w for doing such a great job with all the snow in the road so i thought that was really great that schools are reaching out to support our town employees so i just wanted to send a thank you back to the schools today but that was great asian meeting in boston and we thought it was appropriate to not just accept the award on behalf of the other time but behalf of the employees who did so well in actually generating this award so this actually is for the employees who time you have an executive last committee made up of representatives just about every town department and school department meets on a monthly basis to reduce claims in losses discuss what happened how it happened how you prevent them happening again coordinate training activities that we provided you you get outside of the maya program and also coordinates e the my rewards program which gets the town money back for doing certain safety related policies procedures and training fiscal fourteen i like to especially recognize executive last call communities they do a lot of work you know a monthly basis but now i mean a lot of the members are here now they deserve a lot of the credit for the program that you put together and also the employees for when we go to some action items we have a little time for this one is regard to fox for youth baseball and softball this is for the parade in april i moved at the bottom board of selectmen approved the application for the foxboro youth baseball and softball standish avenue to the norfolk county advisory board for the term ending august first two thousand and fifteen and thank mr feinstein for his willingness to serve so i can all those in favor of the written are as amended minutes every month so we're not going back three or four months i just i don't remember going back to december trying to go through all this had there was there was one meeting that this was the meeting for the a b t a that was at the auditorium i'm going to vote on it but i wasn't at the meeting but i did review the tapes afterwards so all those in favor of proving november twelfth i think the next one is the minutes far nov eighteenth i move at the border or dislike when approved to me really long meeting and there were a lot there was a lot of just there was a lot of discussion and i think it at one point it said there was it there was just a discussion ensued and there was a what discussion but there was one thing that was said at the meeting that really stood out to me and if you look on page fourteen the third complete on it unless an emergency and then at some other point during the meeting mr jones said that they were going to put thirty five million dollars into upgrades and crossings so i think that that demonstrated to me that what they said the first twenty minutes of the presentation was a little different an hour into the presentation so i would like that noted somehow in the news and in the mean in the minutes we can do that formula and the fact that he stated that there was not going to be an assessment he had no right to say that so i don't know i going to fit that in there but if he said it in there's no discussion that he should have said it that i mean i don't any other changes dish one all those in favor in the last note the next one is from november twenty fifth i move that the boys like men approve the meeting minutes of nov twenty fifth twenty fifth two thousand and fourteen reviewing these minutes there are a few things that came to mind that we said we were going to address one of the things we were going to address the liquor license regulations we were going to review them another was the commercial packing lots we would these are in the minutes that said we were going to look at them you know for different reasons and also on the one with waxes with the new manager  khan he was going to come back for a three month review in three months to see how things are going and that was in december so we should be we should be yeah just to see how things are going what can we can we said some time to go over the liquor regulations in the commercial packing regulations one of the issues on the liquor licenses was you know if we're going to do criminal charges that maybe we should put that in the regulations you may be subject to criminal charges and also there was if we can't change the hours of operation as we have to have a separate hearing for that and then with the commercial parking lot what do we do when people do too many are over packing you know what's going to be fine what's going to be and also what if it's a commercial stablish meant that has their own packing for the people going into the how do you want to proceed with the many notes you want to have a subgroup working the story right and bringing back what would you rather  acting as the local licensing authority pursuant to mass general was chapter one forty section one eighty one in section one eighty three a and chapter one thirty six section four town of foxborough revised general bylaws  five section six and also stadium rules and regulations will conduct a public hearing on tuesday march seventeenth two thousand and fifteen beginning at seven twenty five p m in the fox from high school media center so street to review the application submitted by a n p s l l c for the new england revolution games including potential international matches and double headers bents are proposed for joint stadium all applications for these events are on file in the office of the i'm here to apply for the twenty fifteen new england revolution season for our seventeen home matches the first of which will be twenty one and the last regular season home match ten twenty five  a double header so we hopefully we're in the process right now finalizing some international play and when that when those are finalized will come before the forty again because it will all be standalone matches they won't be with us it's completely separately so this is just for the record seventeen whole season and then any post season play and any international matches that are part of a double so our home opener has to be twenty first this weekend closing at the end of october we're requesting the standard timing watts two hours prior to learn kick and gates one hour prior our pricing is changed just a little bit this year went up about three dollars per ticket and they range in price from twenty six dollars to seventy four dollars  we do have a different i believe has got a new initiative this year with pricing so there are a lot of other price points out there as part of youth outreach as part of group sales so these are the ticket prices if you were to walk up to the ticket office on the day  match and buy up a window so you might see other pricing out there just now that that's part of a different sales initiative that's going on so that being said there really aren't any significant changes parking is still included in the price of the ticket the set up in  construction projects going on right now at the stadium none of those spaces will be in use for the revs match some to sort of keep a cohesive software experience for our fans we want to make sure that we can stay in seats and stay in those sections for broadcast purposes and just for the overall atmosphere so there aren't any significant changes to our overall operation this year just the number of home games t but they've given us all the coverage that we need for now up until june thirtieth and sue and then there's actually a one hundred twenty day notice week why might that if they want to cancel so which would extend beyond that june thirtieth period as well but tony davis is actually reviewing all any other questions for just ok i move that the boys like men approve the application by n p s l l c the seventeen new england revolution soccer games at gillette stadium for two thousand and fifteen subject to the insurance renew special counsel with the with ones with russia they have there were you're actually talking relative to the issue of how the language should actually be proposed we've talked about placing the language very approval for that sort of process called both councils have communicated that discussion and working on that piece right now so but i think there was a lot of questions about the overall sewer capacity of the town as of last time and so roger actually took it upon himself to put together a lot of major work with them on the presentation piece and so i'm going to actually have roger go through it with you all and then you know i'll jump and work where it's appropriate but started working for foxboro three and a half years ago i attended my first i am a meeting that night the discussion at that time and for the prior four years had been working on trying to craft an agreement that answered the needs of three towns needless to say attempting to do this involves many hours of the scotchman and a lot of cooperation the foxboro water and sewer commission supported in an agreement that created additional sewer capacity for the town and also gave us the right to use the unused title five capacity that we had attempted to obtain through legal process twice in the past unsuccessfully when the agreement was near completion with that proviso included we then concentrated on how to fund fox for a share of the costs to make mandated improvements that is the system plan and the expansion costs twice before the town had voted not to fund by sewer betterments so it became our task to determine an alternative funding mechanism that would not burden existing customers unreasonably the final outcome of that effort was a plan to fund our program through the sale of the unused title five capacity when the final agreement was signed july first twenty fourteen we had the right to sell that unused title five capacity the expansion capacity would become available when the expansion was completed but simultaneously with all this work we determine the quantity of unused title five capacity and any impediments that we faced to obtaining that capacity from contract customers the following pa pages that you have developed in two thousand and twelve describe the results of that process every step of that determination was vetted by found counsel and special counsel to obtain certainty of the volume and any cost necessary to obtain that capacity the second page of your hand out which i ask you to turn to now summarizes that capacity volume so you can see this table that we did it basically entity that holds capacity the amount of capacity they hold the average use that they are making of that capacity and any excess or deficiency that might be the persistent and these are annualized figures for one whole year which i did for two thousand and twelve since that time there's been very little or none change in that we've we've sold a little tiny bit of capacity to a couple of people that are in the sewer district now that asked for additional capacity but we haven't sold a lot more right you can ask questions sure in the section under the entities foxborough company industrial information from him because i couldn't find it our own records i'm not saying it's not there but it would have taken me a long time to find it i think so if you go to the next page you can see how much total capacity we would have if we didn't sell any and that's pretty self explanatory if you go to the third page to attorneys from two different firms both agreed that fox for the sharon park portion of canon forge a sort bassy of a small amount of the fox for a portion skank goes contract allows the town to buy back on used sewer capacity at a fixed rate of five dollars an eighty seven cents a when we develop the iommi agreement it became obvious that fox for a share of the capital cost for the required plant improvements and the expansion costs needed to be capitalized by selling the excess title five capacity foxborough share of the capital cost for the new plant and the expansion is estimated at five and a quarter million dollars that's pretty close to being accurate the total estimate for the plant is thirty million and our yeah but you only pay that five eighty seven for that capacity area once if the town were to sell one hundred twenty one thousand five hundred gallons of excess capacity the revenue from that would offset the entire cost exclusive of interest if we were to sell that much capacity in twenty fifteen and twenty sixteen there would be no appreciable interest and we would have paid off the entire cost a small amount twelve thousand five hundred gallons per day was requested by the planning board and has been visiting the further west side of the common area we're seeking a grant to pay for the installation the infrastructure that would be needed to service that area and the cost of those about three of them about three hundred but i told bill today in his office that i don't want to quote costs here because any cost that i give you are off the top of my head and i'm no better at that than anybody else's it's purely an estimate that we need engineering studies to determine costs so what does this mean for the future thank you right now control seventy two thousand nine hundred fifty one gallons per day of a new sort capacity in sharing that capacity was sold t at the time with full knowledge that it was was to serve a portion of their future needs in sharon a change in the size of the scarecrow development eliminated the number of units which then reduce the need for much of it's a lot of s capacity that capacity can only be sold back to the town of foxborough by skank or successes in a civil suit capacity cannot be sold to any other entity under state law if the tile were to buy that excess have a little bit more they have about five thousand gallons of excess capacity in foxborough two and would probably buy it all at some point in time that's entirely quail ridge separate the seventy two thousand that's all quail ridge and there's five facility down there right now they're not using very much or capacity after completion of the new sewer plant the tower receive an additional hundred seventy thousand gallons for a total sewer capacity of three hundred three thousand three hundred fifty one and that would be with the sale of one hundred thirty five thousand gallons out before that and that estimated value is about thirteen million one hundred thousand dollars by selling the excess capacity  development the proceeds will pay off the plan expansion that and leave the enterprise fund with an additional five hundred twenty five thousand dollars and that private and twelve thousand would be a welcome addition because right now we don't have a lot of excess  insert or then there's a way to get capacity by adding capacity through new technology just to be clear on this so that the right now we this is based upon a purely upon the vision of the of the new plant capacity and plus the remaining in remaining yes so that so but there is a possibility there over the next four to five years we could add new capacity just by where the next few steps that could be taken clay pipe and anybody who stuck up a fifty year old clay pipe knows that every joint is leaking water into the system and we need to do the i and i will be able to repair that either by realigning those pipes o specifies that from now on fox for a doesn't pay for water that goes into the system via estimating quantities we have to have meters and all of our out flowers and we pay for what goes to the plant so the your roger if if we upgrade the pipe so that the dish and water isn't going through the system ok that just means that there's less flow going into the plant so how can you say it's additional unused capacity if because it's not it's there we're not gaining any capacity that we can sell it's just that the water there is excess water isn't gone through the the system we can sell if we can prove that it's system for that area then we still have the two hundred sixty four thousand allocated but we're only using a small if we're using a smaller portion of that and that becomes less an excess capacity that we can use we can sell and but it's just simple math that you know it can be done and it's done all the time routinely right other way to get to increase the capacity is  showers and things like that the old stuff that we have in town doesn't have that ability but we have a basement program and in the water department that if people put in low flow restrictor is that they get one hundred dollars rebate for putting them in if if we can prove that they put in the low low flow toilet we'll say or stuff like that and that will reduce the amount of sewer that goes through the lines over time and create a little bit of additional capacity so final thoughts right now we have about two hundred seventy thousand gallons a minute capacity once the new plant comes online we'll get another hundred seventy thousand for a total of  forty excess capacity from a share and development will allow the town to resell that capacity by selling eighty to one hundred thousand gallons to one and they me and share and it will allow the town to pay off a good portion of  of the debt for the new plant and not burden the sewer the existing sewer rate payers of which there are only about nine hundred sixty five and we unfortunately when we did the presentation on this i think only  im and lorraine were on the board but we we had showed what that would do to the existing ratepayers if we couldn't fund by selling capacity and the rates more than doubled for the existing rate payers so i could read i can put that up it's a it's a power point presentation a time anybody would like to see it so that that's really the whole story on the pass g modernization that five hundred thousand dollars buffer would allow us to do things that really need to be done with the system it's an old system in the downtown area the it can afford the leg it's really well built it's and foxboro sure that it at the time was going to be a quarter of a million gallons we struggled with that the whole board did because we were very worried about our ability to use that amount of capacity in a timeframe that would allow us to to absorb the debt service for what it was going to cost us to do our share of the expansion and at that time the town of eastern came to the the i am a commission and asked to be to buy  capacity in the plant and in the i am in agreement there was a clause that allowed each town that's in the plan to sell portions of their capacity to other towns if they needed to you know if they felt  necessary to do so we asked bill ross and the and the mansfield people if we could lay off about seventy five thousand gallons of that two hundred fifty that we were responsible  generate the funding if we were to consummate a deal with the somebody in the state and so it was just trying to walk folks through this because it's it's important because some of the past is already designated to be outside the community as it is right now and at the time that so we know that the sizing and capacity of the lines that go all the way from there to the plant are big enough to take all that flow so that the question i have is you know in your presentation one hundred thousand gallons potentially to be sold to an outside sharon entity but right now it is already potentially existing seventy three thousand gallons any idea what where the hundred thousand gallons comes from i was that was that just an indication from the development that was just initial discussions that we had a long time ago with the developer in the thirty five thousand gallons you talked about earlier as well is the thirty five thousand gallons that is  an estimate at this point in time for the for the yes it lay develop less than two hundred forty eight units their capacity you know without a lot of work of the right right so that's just full disclosure i want one everybody to be aware of all those things because at the end of the day the issue that's really before the board for consideration right now is not this issue per se the idea of if the issue does come up later on how do we handle it wh is in place to make that happen right and currently the what's been proposed by the water so commission is to is to clarify the authority that's currently in the in the in the town charter because there were two different attorneys that of course i know is controversial it is so the question is what's the best way to regulate that so it's not just as a follow on one boards just in perspective in the idea would be to have the water sewer commission  identify that potential and then bring it to the board of selectmen for a dual approval process so it would be again it would be that was a commission making a recommendation to it to be true for the idea for the west to be sold and then the side that was like would have would have a final approval of that decision because of that being sold outside the community yeah so that is the thinking at this point in time and that's the point of where the board needs to your time yes probably about eight nine ten years ago maybe yeah the c w m p was done specifically for the purpose of identifying the need for expansion and ok so when we get to the i economic growth so before we start looking at selling it to other towns for their economic growth what's come sense the c w i n p is the town did a master plan and they reached out and it was pretty clear that the ambitions of most of the town was the development along route one so you've got the crap property on both sides and all the other examines has anyone taken that because it was little i think was like five six hundred thousand dollars spent on that  would be needed up there because right now there's no direct connection to any of the areas i believe that did that at the time they developed the seed of b m p and then subsequently there too for a while and  unfortunate part of the c w o appears that identifies mostly residential areas that have disposal problem so if you look at the real one area they've got individual systems or they've you know the master plan and kind of figure it out so we're not doing this to sharon and then five years later we're short on flows and with a fair discussion when i went back three years ago i looked at how what would it take  to provide linkage and it's about three miles and it would have to be done by a series of live stations and we wouldn't be able to do it all by gravity it just wouldn't work that way and the cost was astronomical for the three miles of of lifts they come from by lift stations and gravity flow but it would have to looking at hotels in more restaurants and things like that three miles of you know some some piping verse well  been playing more than that it's three miles let's say three miles to get into the existing system but then the in the existing system isn't size big enough to take that additional flow of story would require upgrading of the flow path all the way from done different analysis looking at who the likely customers are getting back to roger's argument with we really wrestled with what was the minimum amount we had to commit to and so i think certainly my personal thing was that we really had to look at commercial industrial if mansfield takes off we have to have that option to lay flow back on them and  keep our seat at the table if something comes up and sharon that makes sense we're going to do that but the thing is for me we have entered into a rather risky venture here committing to this and having it see no governmental police powers to ensure payment so everything is on the table for us and that's it but speak to the planning board in the zoning board to see what's planned on route one and then equate that to gallons that may be needed because a lot has changed in nine years but that's all i'm asking and if you've done it internally town i guess recently she's done an analysis and according to her analysis there could be economic development in within the borders the town that would take up two hundred thousand gallons it yeah so my question is wouldn't it if this if this was sold to the town for economic development plus taking care of the critical needs in the town but also economic development well why would we want to sell outside of town right away right away before we've had it with explored the possibility of economic development in the town of foxborough and i know i know you know i know your concern is the ability is self low but why would but i would think that selling out of town would be once the needs of the town of foxborough taken care of then if that's that's the the unfortunate aspect of us is because it would be better if you had a mechanism that could wait until the economic development in foxborough begin to bloom and we don't have a capacity ready for it we don't have the infrastructure for places not and we don't have the funding we don't have any funding for infrastructure in other words right now the sewer enterprise doesn't have a lot of excess cash it just does its end of the important point here is jenny i reject the premise of your statement that this was somehow sold to the town for economic development the fact of the matter is that this plant was going to be really him and we had less the thousand customers are going to bear the brunt marriage between this plan and the master plan when they had economic development nodes in they would be fully built out what what sort of flow they require and i'm not seeing a connection and i said and then the other question i had is how hard line on any any major commercial say i'm assuming that now that we have flow other entities are beginning to say i can buy a lot in that my fear and i think that's how this discussion th touch base with us but nothing concrete nothing concrete and i force our you know the board's position has been if you want to buy capacity you have to pay for it upfront you know we're not about was you know once you start doing a formal lie and i program and start taking care of some of these these changes that that that actually required by the systems now we could generate you know a significant amount of love that will flow i mean appreciate the perspective of let's not sell ourselves short here because we you know we we've we have some potential and in several areas around town for development downtown area parks will plaza looking at route one development one development has some capacity you know that's coming out of the joint stadium area but clearly if we can sell capacity here in help generate some of that that the vellum the route one that's another that's in the some other concerns about room one that don't involve sora but they involve water and we haven't looked at those because there hasn't been a lot of pressure for a new water supply up there but the board needs to know that we are not going to get on the straw in the ground for any water supply whatever we have now is what we will have fifty years from now as far as the i mean the  d p is concerned so we have to maximize the resource we have available now and that's that's a that's a different entity because it's going to require us to really upgrade our our wells t bonded yes so that will give us some more time to realize economic development yeah but but what this is what's going to happen right now it's going to take about nine more months for the final design to be completed by see him when the final design is completed there's about a year of permanent at that point once they get the permits then they're going to start construction three years to build part of the build is eighteen and a half million dollars of upgrades that the mandated upgrades to the existing plant mandated by the state and federal government we have to do them and then the other part is new capacity that the plant that's created in the plant the million gallons of capacity we're going to short term borrow for the for the construction phase while they're going through bonding the i am a going to short term borrow or get the i may i don't know it's going right now so if you don't if you took one hundred seventy thousand gallons that would still leave sixty two thousand gallons in excess capacity you would still have the two hundred sixty eight you would still have ninety eight thousand in reserve excess capacity so within five years your capacity will be three hundred three thousand if you did nothing else right we don't have the infrastructure in place that's going to cost money anything we do want to one is going to require state participation in a state where i don't think we cannot afford to wait i think we need to give at least have some flexibility of some of that excess capacity to raise revenue to pay off some of th in our faith we restaurants point because we actually touched upon earlier in the presentation that once you have the recent reserve built into your or your fund you know it was tension five hundred thousand reserve you could use that to start developing some of it you start building some of the parts so in short what we don't have right now we have capacity but we don't have the pipes to carry it so that's that's really the challenge  but we had two entities walk away and they were they were in town custom and in the district they have right now have six thousand gallons per day of capacity that they bought a long time ago  but when i say when we start to see these entities walk away you start to say is there ever a real sale there is that you know where we get money from that area i hope we do i got one customer down there that's that's asked to be put into the district it's the the the the center that's right on the corner of where central and commercial street intersect they are they are on the the other warren article that we have to be included in the district and they can be because the sewer goes close to them and they can get into it fairly reasonably and they will pay for that ok for getting into the store the other customer that might be real might not be real i don't know but that's that's the the forty d project down on commercial street fisher and commercial and if that comes in there close the sewer and they can get in but they're going to have to do it downstream analysis because that part of the district goes into the old flow out into the cayman for july and then we've got six people on more street who are a front dance where they want to get in but their single family dwellings relatively minor capacity and then the other forty big project  t i guess it's about to be approved if it hasn't already up but community and community one way would be getting into sort they only have twenty units so how much would that use  i believe there are three bedrooms so let's let's just say that it's two hundred it's six hundred to two hundred gallons for per unit so they would they would come in for about two hundred times twenty four thousand  sharon comments how much flow are they looking for i don't know right now i'm the loose conversations i've had i'm carrying number one hundred twenty five thousand gallons a day in my head in there when they're ready to start the application process immediately know who i mean there's there's a lot of moving parts i mean it isn't like i've got a deal in my back pocket as a reference in the letter that was sent to us it was their counsel sent it to developer in sharon that's knocking on your door saying we want to start the application process how would you not know what they're looking for and i believe i'm not trying to be adversarial but no it's because i have counselors writing in to our special overheads and let's start we had a similar thing and i've only been to one meeting and so i don't know much about the project but i've seen the forty b project schematic plans and i know they want to put two hundred forty eight single family units in their condo or whatever they are and they were estimating twenty five thousand gallons a day but we looked at it and said no it's thirty five thousand gallons a day and so i want to i have not seen any plans of sharing comments i don't know what they want to put in there and until i see what they are and what they intend to put in i'm not going to predict what the gallons per day is going to be i just i don't want to do that i think that's kind of where the the quandary we're at right now because yeah we don't know what you're asking or what we're looking at and going to look at you looked at yeah yeah that's really the only question is before you right now all the things that we've talked about it's more background in his understanding of the entire situation but that's still in flux at this point but the i think that the decision point is whether or they did they were not under the control of the town manager and they were under the control of the water and sewer commission and the town manager at that time we wanted those employees to be under the town manager he came to the board of water sewer commissioners and he suggested that we needed an article and legislative action to transfer the authority for the employees through the town manager and at the time the differences firm wrote that article and rolled the modification to step two that the state had to to pass through the legislature to do that j barrows took it through it got approved and water you know x explorations all the things you have to do to run that department however the special counsel that we hired later on differs from what director says and he says this transferred all of the powers of the water water and sewer commission to do more to selectmen tom in the town and nergal the town manager ok because he works for you so right now all the things that  since the time that that legislation was passed and the town meeting voted for it have the potential for failure for question we signed the the board signed the i not maybe not the kind of clear so this this article that was put forth was to try to clear that up so that there was not a potential somewhere down the road for somebody to challenge everything that's been done up until this point and that's that's the real purpose of that war article as far as a sail a sort capacity that's only one of the many powers that that you know we're talking about and in the  perfectly willing i think and i don't want to speak for the board they speak for themselves but i think they're perfectly willing to subject some of that power to the board i don't think it's any any big issue i just have a question  roger and mike about the sheet that has the entity with the excess calculation on it mike you know and phil you know i've been talking water and sewer with you guys for a long long time and  over the years it was we were told that there was no capacity in foxborough because foxborough company owned that excess capacity and was not willing to transfer it to was here it's listed as excess but in fact it's owned by them is that correct that's what i thought too because kevin told me the same thing but in fact the two councils both say that the town of foxborough owns all the excess capacity in the system except for that five dollars an eighty seven cent deal that they have to buy scarecrows capacity and i've read the agreements i've read every single one of those that we have we don't have more but i've read the ones we have and none of them speak to who owns capacity but the skank zero one does so and you know it's a question for all of us but mansfield recognizes the fact that we have a whole bunch of unused title five capacity has anyone talked to the fox for a company do they think they own it we spoke to them a long time ago and we are not going to try to negotiate to do anything with the fox for a compan they they we will leave it alone ok so i think then you should just take it out of the excess total because it is good and you know i could yeah yeah i mean i just you know i don't want those numbers to get so close that i could that's not that that's neither here nor there but it's never been the boards you know hundred thousand new anything like that we're talking about eighty we haven't even really we never approached them kevin did at one time i know he did but that's all i know is my understanding that they wouldn't sell it because it's considered by them to be an asset to them just the same way the flow out flow now is and is it an asset to the term that is possible however no private entity has the right to sell any capacity to another entity only the book tower only the town of farce row has the power to s yes saying that sharon commons is just this nebulous plan that i have not seen anything they're going to do jenny and until i do i'm not ready to accept any numbers well if they come in  and want to buy a reasonable amount of capacity then and we've we've passed this for an article we bring into the board and the board's probably going to say to west make a determination of whether that's the right amount of pastor you're not you know you know that and we're going to tell right and i know in early on in the meetings i remember going to meeting and it was me and a couple of the planning board members were there and then when it was mentioned selling possibility of selling flow to the town the shar planning board objected to it i stood up i said up because it was selling flow out of town why would we sell an asset to a town to someone another town for economic development for and to another town that would but you knew then that the planning board was kind of questioning that the wisdom and the wisdom of that and that's why they wanted to cab out that twelve thousand acres twelve thousand gallons a day which we they were afraid that maybe the sewer capacity would be sold out you know why we should have national specific questions like it's maybe maybe it's a little confusing because a letter does say from their council to your special council they've had many several meetings on this but they haven't they've only had meeting right and that and that's been inconclusive astound much capacity and then there's even another was that there was a new assisted living people came in so we've had we've had visitors still but hey have the bottom line is that in order to get this thing go we've got to sell flow whether the town of mansoul feel comes to us and said we've got this industrial park taken off you want to sell some back to was we've got to get money in the door i don't care if it's  nothing more dangerous than a debtor in possession that's just how i feel right now so we've got to take bold action and get the status of this we can with people who have the ability to write the check and come in and  don't cream  nice one more question so if we're go back to the purpose is really to talk about the warrant article writing about this so we're talking about a major town asset which is flow you've got another major town asset out there which is the water tank out on route one ok so i know in the past there's been occasional discussions about what's going to happen with that would be if we go this route i would like to consider see that considered as possibly part of what would be considered another asset that the board of selectmen could weigh in on in terms of future decisions on that found some language in the water and sewer meeting that was held a long time ago when they were talking about building it that that the entity that's using it has the maintenance responsibility not the town of foxborough we own it but we don't have the maintenance responsibility and it is a big as you can see from what we're going to do to make the reservoir the sheer so that's so that's my understanding some potential questions about ownership or the reality of it we may have to buy some of this so it's really not access that we have access to the easily so we have access to a certain maybe if i took out the facts for a company we have access to a hundred seventy one thousand gallons in this column and then you've got the rest that's coming in again just pulling that together to see what's really the minimum that could be considered to be sold to a neighboring town i think and then point to no i don't i can't do that but it's a hard answer is what the minimum that can be sold i mean they have their they must have their plans they must know especially if the attorneys are talking of all i know is we need we need that it's hard to parse the article but what we really mean is we need to to to clarify the article to the point where it's not challeng has to be resolved in europe and in the media that's it that's that's what you're proposing you know as a result of that that's really the question then everything else that's been discussed here tonight will actually come to different point once that authorities  close and if we decide the authority and then we get some real buyers in the town of foxborough that can give us give the board and you a little bit  level or a level of comfort working about the future you know where we're going to go how we're going to pay for this plan and at the same time have capacity itself that may happen in the short term because it's things happening out there right now that that may change the equation you know if you if the forty b gets approved i don't know if it's going to be a problem that i don't have a clue and if you have facts feel becomes a reality and i want to buy a serious amount of hunt i just want to get the numbers straight and you know get on with doing what we've got to do but i think it was important to have this discussion tonight so that everybody was clear about what this all means but i don't want to confuse the main issue the main issue was his discussion of authority who has what right and we want to clarify that through the see this article and then all that discussion that we had tonight could be here when the opportunity presents itself so we'll so you're changing that to take it away from the board of selectmen input that authority so you could sign the contract and sell it directly to it was clear that they actually had that authority before right let's change the two thousand three hundred amendment  be part of the sewer district has to get approval by town meeting that's what i keep right i'm confused so that's inside the town well now but this is a contract i should but this is a contract for selling outside the town that's that's a different the thing because this is a contract it's within the executive power they're saying the executive power belongs to water and sewer in the way with that with the two thousand and thirteen the amendment to the town meeting act the sewer service area map was set up to do was the finest sewer district and the board of water and sewer commissions voted to have the sewer district encompasses existing customers only sewer district it doesn't require a bogus town meeting right so no i'm not saying it not taking it it does but but doing a contract is that's an executive that's that's an executive decision so the only people who can do a contract is the people with the executive power right now because of the amendment to the town manager's agreement that executive power rests with with the boys like me that's the truth that is the true however another attorney says it isn't so well your attorney says well yeah yeah you got your attorney actually had a very good memo it was a very balanced a memo saying it was really good he's good and says you guys have the power yeah right war slipping really want to do the work of the world war so commissions that's the thing i don't think that was really the intention that i think i think there is the only thing that i think really makes sense of that piece is that the water swept should have a way and cohen volved in the process we could we could you know it's a check and balance i think we need on the outside so yeah so hopefully there's some the language comes up with a good check and balance i think we have that's what was here i thought we could we can have that language at the meeting on the plan and also what what's come in to their meetings because they're the first they're the ones that hear about development first what are they hearing what's you know what's out there so maybe we have an idea of what the future develop it's discussion point about what if you if you look behind if you look at the center of the of the community when you start going beyond and you start developing additional rings around the sort of the communities that's that's additional development potential but  it's a little frustrating for me sitting and hearing the different numbers initially it was to fifty was excess capacity in front of the com it was two hundred we had a meeting on february third with roger jenny put together with tommy manager it was fifty thousand at that time we started this meeting tonight it was two hundred sixty eight thousand was available now with the cab foxborough company it's down under two hundred thousand  so it's very tough to try to comprehend and understand this process with those numbers changing constantly and i think it's important you're talking about who has the authority but i also think getting a handle of the sore is very critical to is what capacity is available and do we actually own that capacity i still i agree with you and it's very hard for me to believe that we somebody paid for a value for thirty years we can just use a comp the example of the cab forbes they pay the fixed cost of eighty thousand gallons per day for thirty years they built equity in that eighty thousand gallons and now the town takes it back for nothing and then sells it at a premium  forty dollars a gallon i just do not see a private entity entity giving up that equity without a fight or without some sort of reparations so i think it's the prime example would has thirty two thousand gallons available right access correct that we all agree to that we take it back is a town pharmaceutical company wants to go in there and use that thirty two thousand gallons forbes has to pay one point five million dollars for that flow is that what we're being sold tonight is that what's going to happen according to the current agreement is that the dance floor has to thousand gallons in a private contract for thirty years they pay the fixed cost of that equity now we're taking that at no cost well paying them for it they want to use thirty two thousand gallons three years from now they have to pay one point five million dollars under this scenario phil i just want to say that they bought eighty thousand dollars eighty thousand gallons of title five capacity but they paid the fixed cost for eighty thousand gallons but they bought title five capacity but they paid the fix cost under the contract for eighty thousand gallons for thirty years understood ok so but the title five capacity if we when i'm showing here is flow not to i  to try to say the actual is half of what title five is i understand but there's what they're doing is they pay they pay the eighty thousand a fate the fixed cost and the eighty thousand and we're taking it we're not giving them anything for that equity and now two years from now they want to buy it back they have to pay what you saying i think in the expectation that they can keep it and use it in a future well i just i don't see anything in writing that foxboro company is walking away from this flow that cabot forbes is walking away from this flow that even fox feel positive walking away from the two thousand gallons they may be using it for the development and that's why we asked the legal opinions from two different tourney and i'm not i'm not here to argue the point i just want to bring up the point and that it should be resolved we should get something in writing from foxborough company because what if they sue the town is their exposure to the time for this flow it's just a point i want to just put out there for discussion i'm not going to argue the point of we're not going to solve it tonight i just want to put it all to have a discussion the other thing that was just talked about tonight was i was already completed i in the downtown area when we did the reader rehab of the downtown and when i was on the board in the in like two thousand and five we were exceeding that two hundred sixty four thousand gallons and now we're down to thirty two so i is good but don't expect as much because we've already done a phase of it so you know you're not going to find that pot of gold you know i'm not saying we are so it's we've already done i have already done remediation and that's why that too sixty four is down the to thirty two so we seen that benefit but i think we should be realistic that we may not get much more because we've already gone through a phase of i and the last thing i just wanted to bring up was for selling flow from the existing plant i think that that flow of the river the revenues from that selling of that existing plant flow should first go to pay the debt off to the existing users o the existing plant and then worry about the expansion second can you say that again we're getting we're selling off at forty four dollars a gallon the existing plant flow correctly excess flow that should first pay off the upgrade to the existing plant i c s and ok that should be a priority for the debt and then whatever's left over to to ease the pain of the existence or rate payers who are actually carrying this load that should be paid off first and then whatever's left talk about the expansion but that's just i think you're right this was your silly response and you're exactly right but but both have to be paid at the same time yes that's the way the i am a agreement is structured on the well you know you have nine hundred users out there five hundred five hundred of my residential that are carrying the burden of carrying this two hundred sixty thousand of excess flow because we're paying for that flow for the plant the rate payers are paying for that i'm not seeing any benefit benefit so i just say that when we sell this flow if we see this found money it should go for us to pay off the debt for the end technically it does it's just that it's all paid together that i just i just want to put that o to add com so those are the ones we've checked off that have already gone through board of selectmen and had comments voted on them so we have a few outstanding ones that i want to call your attention to item number six is the personnel by law we're looking to wait and discuss that as late as possible with you the reason being a personnel wage board is still having discussed ongoing discussions the document still reflects all of the positions that are in the steelworkers group that's currently unionizing so the document is in flux until that's also something that's on later on the agenda is potential steelworkers contract that has to come to fruition in april so that we're putting this one thing that's on hold because the document could look very different depending on the contract or not so that one is on hold number nine the d p w contract we're scheduling not for the thirty first with you we've reached a tentative agreement it's going to the union for ratification on the twenty third  or twenty third and we'll be bringing it to your board on the thirty first in the outcome on the first so that one's well underway number eighteen is the publishing of town and you have a copy of that article here it was drafted to on the third page of your packet you have here that article eighteen and this is been electronically on the town website as the select deem appropriate so in the event that we have a seventy page town warrant like we did you know with the time the big sign by law thing this allows us to post the document on the website instead of publishing pages and pages in the newspaper i think the cost was like seven thousand dollars to do that last year so this allows us to at least give the newspaper or electronic yes so that selectman can see choose so this will protect us in the event that there's a gigantic war an article so the newspaper article could refer people to the town website right you know because i'm afraid that down the road you know five six seven years from now people will say woman we just had to put on the website we don't have to do those had copies at the library of town hall ok i think it i think it implies but look on the next page twenty three the language it's the land language is also in your third page of your packet this u can put it in the process they were concerned about the word taking that is there any way that they were afraid that you know people would be kind of upset about taking  right away and if there's a small piece that we can't seem to locate the actual deed to it so it seems that the land was actually given to the town we think the town may have taken it by tax title and so we and then and then turn it over to the grid to finalize to the right away two right read lane the title is amended to land acquisition from taking in the do what and what i wanted to see when i said can we find out from roger what the capacities really that's going to be requested for these streets so how many gallons per each under mass general law chapter six section one seventy one in the town of foxborough is an agency that's required to have a court to maintain a korea policy in this policy i would be the designated representative on corrie certified also within this policy it requires that we keep the results come confidential to a proper verification and we follow the dissemination rules you know the restrictions and also follow a filing in destruction process we have had we have a drafted policy on adverse decisions so if we're going to make an adverse employment action we have a letter that we give to  the people the model letters been looked at by legal counsel i just want to note that the schools and the police already have their own jurisdictional policies so this would cover the town as anybody who's authorized to do this you have to maintain training i've done the training six times and now it's only available online we haven't done any face to face training since co  form and i korea those are my two most recent trainings and i'll continue to participate in the d c j s training so are all the areas are up to date on their training yes i've met with both vick and debbie and they're doing their is and i talked to both the you and gemma gown and the schools about their is their policy is being revised to include fingerprinting the new requirement for school so that's gone before the school committee their last policy that they gave me was twenty thirteen so they're revising their policy right now on so this would cover all new employees volunteers you know if we haven't in turn we could get standard to board members which is how we handled it before in westwood and i'd like to create a schedule of continuing administering cory's to current employees so a continuing schedule where we record everybody  the next new reappointment date after town meeting that we maybe hold an orientation for new board members and we cover some of these things including you know cory's or we have a package for new board members that that include that  those are the kind of things that we want to bring up for discussion tonight i'm also going to be sharing this policy of center draft to the child sexual abuse committee a meeting with them in april they took a great interest in what our at this point i have only i believe that only or you'd be the person i would go to if i had a concern that's how i that's the process that i used and in the last word you know a town manager obviously would be also able to to see that so if we're going to make an adverse selection about employment could be a short was yeah it's usually just sound man and police chief and what happens is you take such in for in depth information when you get someone's license you you get some other identifying factors so say you hire employee john smith and four of them come up on a quarterly report now i can go back mother's maiden name i color height look at those things and then further refine it and then bring it to them and say you know this appears to be the john smith with blue eyes who's mother's last name is this and you know i need to inform them of the adverse you know that we may be making an adverse hiring decision because of the background so you need to be able to bounce it off yeah yeah really but yeah those would be the only two people that i could imagine being on that list unless you deem somebody else apart from approving policy committee and we've asked for different people and you've got four different answers school committee very good at what they do place very good at what they do but between not that the other departments word but rock d p w senior  services library who does it whereas a clearing house is kind of all over the place so i was with them thursday night and they started reviewing it so they probably had some comments but they were thrilled that this is populations so or going into people's homes we would want to do it on an annual basis so i was surprised so you know if you have inspectors or council on aging or a library you would want to do it on an annual basis recreation counselors those kind new leadership summit closing the next smart growth deal so it was all about hearing from experts from around the country actually talking about what's been going on in terms of smart growth some of the newest ideas that's becoming down the road foxboro so it was it was very productive day for me too to hear what what's been going on and in to actually start thinking about you know what could be tension we put could potentially happening here in this to come up with a process where you know if there is a you know a problem with how calls are handled they'll be a method of handling that and reviewing them and then and then dissecting that they come up with a new way to handle those things those and then if they can't be corrected at one level kicks kick that will different level which would include book myself the two in the two chiefs to try to come up with a method of resolving or but that would be involved at some level too so i thought it was very very productive it was a very good discussion about how we can really get to the bottom of the of how that how that problem has evolved i was it was brought to my attention this past past few days that there is a resident actually practice to my attention that horizon has been contacting residents about their complicated will connections and that you can actually have those removed from your property and they're offering residents the opportunity to do that i'm told i have to verify this but i'm told that the way they're presenting that is a that it's not an optional thing that if you frankly don't have telephone service or you want to you just have a cell phone service or you have cable service so you don't long have a need for hard wire service into your home with therefore they can they can take the service that it's true that the truth is is that the way we understand it's only optional it's not something that can be done they can be forced upon you the copper wiring removed from your house but the fiberoptic is still there so if you sell your house the new people want to retain a landline and they can't write so ill always be  but if you have specially if you have fiber optics right but if you don't if you have if you only if you'll have fiber optics than that they have to maintain the copper line there because you know right now so i but it's  a we met for starting at eight o'clock and finished up around around one o'clock actually very productive discussion we funded just about all the items on the list with exception of the one vehicle request which we la resolved through cooling the vehicle which which is coming off the list and going to be put back into the pool with the different way i have since been told today as a matter of fact that we're not sure we're going to be able to fund one of this issue was that we had unfortunate i call it unfortunate it was clearly unintentional situation that occurred where signatures were collected for election a ballot question massachusetts where the rules were different and the person was not aware of the situation so the article that was in the newspaper i agreed to to address it immediately which he did limitations in massachusetts law that prohibit that sold we've provided the employees with the advisory from the state ethics commission as to what can the can or can't be done as well as you know but we're going to provide some additional training to a poise as well but it's interesting they were there up pos of the of the documents that we provide now that don't really specifically speak to this issue so we found a gap in the in the process of how that train should be what should be done so out of every difficult thing some some some