meaning for tuesday february sevent and the chair reserves the right to call items on the agenda out of order the times that are listed for items are approximate 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 to seven p m we have citizens input topics not reasonably anticipated by the chair forty eight hours in advance of the meeting seven o five selections update seven fifteen pm we have a public hearing fusion five with attorney peter clarke for discussion and vote of the alteration jape tell seven thirty five attorney mitchell more hearing for discussion and vote on the facts for a country club new officers and directors seven forty five the board will discuss and vote on the town council r f p eight zero five zero will discuss and vote on the m s p a statement of interest of the borough school eight fifteen there will be discussion on the forty b fisher street project letter to the state eight twenty five there will be a i pledge allegiance to the why 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  to again thank the public safety department d p w and all the town employees for all of their efforts to keep the town safe and keep everyone in town safe there's been a lot of  careful and thanks again to all the employees for their hard work thank you so we're also going to have an update from david on a project that he's working on called fox cares so fox cares is a group of dollars formed many many years ago by some liquor license holders that kind of went by the wayside and based on  most recent hearings that we had some of the former members decided to resurrect it we had a meeting back in the it was early january and we had a participant said that actually showed up later on in january towards the end of the month we had a second meeting where they decided to really go full tilt on this on this group they had elections and at this second meeting there was twenty three liquor license holders that showed up it's really a good thing they're they're really embracing i think the message that that we tried to convey  and some of the things that they're going to be doing as a group they're going to be performing cell compliance checks with a third party just a random we go in into the establishments make sure everybody's is in compliance and if someone is not in compliance they're going to bring it up at a meeting with their peers and discuss what happened chief o'leary's involved in this he's he's also offered to get a local judge to talk to the group  the group is going to discuss trends in fake i d s and share information they're going to be working with the schools to discuss the dangers of underage drinking and the drinking consequent i'm sorry consequences of fake i d s and more importantly they're going to reach out to the parents so they're really embracing this they want to be responsible service and i'm really impressed with the commitment that all these people  and thanking him in three parts donation also all those in favor of the next one is in reference to the council on aging and is also a donation this is to implement the aging mastery program in march two thousand and fifteen from the berman women's hospital patmos health care i move that the board is like men vote to approve a donation of one thousand three hundred seventy five dollars to the council on aging from the third one is regard to the recreation department we have two appointments to the playing fields committee and one appointment to the board of recreation so i'll do the  expiring may one two thousand and fifteen and thank them for their willingness to serve so those in favor of the next one is the is the appointment of valerie national as the kind com member of the board of recreation i move that the boys like men vote to approve the appointment of valerie my thirty eight won that street as a conservation commission member to the board of recreation for a term expiring on may we had originally approved and the race was supposed to be held on feb fifteenth coast due to the snow it was that date was canceled and they want to come back to have the race on match eight and just as much as it's going to be any better i don't know well i have no i'm just reading but i did want to make a comment that one of the things that someone had called and said they noticed this was on the agenda and what they would like to see in the future is if if we approve any road road races in the town if we we should require that they take their signs down as soon as the race is over because sometimes the signs of the f r days and weeks and you know it's as real close and something like that so if we can unroll with you can you send a letter over for the for these people but in the future think we had that as a condition of the license approval  forecast but there are a couple things of concern right now is the fact that there is a lot of an awful lot of snow pack on folks roofs on homes on businesses and we really took a ride around town with the fi chief this past sunday looking at the homes all around foxboro and i have to tell you i'm really concerned with the amount of snow pack that's on roofs right now so that also that with the size of the icicles hanging from people's eaves that's that's extra we're still continuing to get snow the big concern of forces of the once it does get warmer those that that's not all of becomes much heavier and that right now while still cold is not as much of a concern but if we do get a storm with rain in it that will make it a lot good access to the hydrant which was slow the ability to fight the fire so we want folks to really play close attention to that and then to do a decent job don't just cover and cover the top of it actually clean out around the base and make sure that they there's clear access will be holding a public hearing on tuesday february seventeenth two thousand and fifteen at seven fifteen p m at the foxboro high school media center one twenty south street facts promise on an application to alter the premise of stammer mobile services and the person came to their home church to twenty nine hundred dollars actually quoted twenty one hundred dollars and then increased while i was there at the bill to twenty nine hundred dollars for for services to remove ice dam from a roof he did so with an axe that caused damage to the goals in and  towns around here that are facing a similar problem call or reliable a real roofing contractor ask to see their license know their contractor's license asked to see their insurance you know it's it's unfortunate that there are a lot of people that are taking advantage of those that are desperate at this point in time so i just a side comment i don't mean to take away from the public hearing but just t with respect to a alteration of the process at the time i made the promise to the board that we would appear before you with a full application for a  an alteration of the process as you were a member what my clients have done is taken what was approximately four thousand square feet of  remaining half into twelve additional hotel rooms and so going from going up to sixty two hotel rooms as part of their plan to  attract a new franchise flag you know in the in the coming months so what we have before you and i believe you have seen the you saw the architectural sketch  back when when we appeared before you before and so there is there are no changes from that architectural sketch and the building commissioner has been following along the process and i believe that you have the but i believe the boy has a memorandum from the building commissioner saying that there that's been built in a quarter point he hasn't done the final sign off yet the final inspection yet i think i believe that's scheduled for later this week but it has been built in accordance with the architectural drawings we my clients have the the same number of fire exits that they they had before they are in the direct exits to the outside are are in the exact knows in the packet that just gave us there are two documents one is the memo from bill despair building commissioner revealing that the renovation is near completion and conforms with the plans on file with the town and quick question when you look at the on the building codes on the occupancy what's allowed patrons and staff verse what's allowed because of the bathrooms is a forty eight forty four person discrepancy so you're going to go at the lower right so why don't we take these in order then the first four would be to release the suspension that we placed on the liquor license at the first hearing it would make sense to do th so the next item was the alteration of premises any further discussion on  is the vote to release the suspension any discussion comments concern to do we have to wait for bill customer to sign off on the  yes we can help me i move to release the suspension put on fusion five previously on the condition conditionally that then president of the country club was not the president or the officer that was with the would be a b c c so what they are required us to do is to resubmit the application  we've all had the opportunity to read more about the proposals and check references and get more information on the finalists the three  and it's you know they all they also of all the towns all serve them well they're all very well experienced it is really it's a toss up but there was some you know during the interview there was some answers to some of the questions of how they would engage in and i think it's a case of not you know all the references in feedback that i got as well as some of the department head staff it was not so much one was worse than the other by issues it was some firms are better than the other there's really no negative that i could they could really find the principals that came here in the staff that came here were very well respected and in their field and out of that there's one my mind above the reason i think there's a little more passion in the presentation the more passion from some of the references that that i got back and i really like the fee structure that they had proposed to us if you look at pretty much all of the firms that that are out there that there of the norm it is based on you know almost tenth of an hour increments and they've kind of stepped aside from that a little bit in they gave you a choice of things that are included for a set amount and if you break up that set amount per month per hour and the things that they include all the legal work by the partment and the partners you so see it's the attorneys of counsel they will itemize it but it's included in the defense of land use litigation for zoning planning boards and health conservation and all the stuff that respects of the by law is included in the review the minister book contracts and  matters the stuff that goes on with the liquor licenses they don't charge you for the paralegals they don't charge you for the normal drudgery that you see down a paper clips it's all kind of summarizes it's not our responsibility the certain things that they do not include and i think it's reasonable if they're working for reviewing the proposal reviewing some work in the application is responsible and obviously the applicant will pay them directly or will they get reimbursed and some of the tax work that they do is not included but if you break down the rate in there you know there's different steps in there seven thousand a month or fifty five hundred if you break it down and i managed properly and itemized i think it's it would be advantageous to foxborough with the stuff that i see coming the liquor license or the forty b s the some of the legal issues we have with was some of the issues in dealing with and i think overall i got a sense that they were very passionate they knew what they knew they knew the area they knew what we're dealing with and i think they're very capable so like i said any any three i think i'd be happy with but  you and i agree all three finalists were very good law firms i think any one of them would do a very good job for the ten of foxboro i did the just like everyone else i did after after the interviews i did increase and everybody came back with the you know everyone had very good things to say about all the firms however i took the next step and i actually had coffee with one of the firms one of the principal who would who would be the town council and discuss many issues that have faced the town  that will be facing the town of foxborough and i just got a really good sense of that person's commitment to his position as town council and i felt very comfortable being able to speak to him and i just got a very i think i think this firm would be a very good fit for the telephone so i am i'm in support of the mayor kind of you know puts wrong on both sides of the table they're flexible billing options they're their consideration for office hours in their training i'm going to i'm going to so i went through the same process and actually narrowed it down to two and the two that i was looked at more intact were murphy has he to me in my hand and loosen and costello so you know after both of them got very good references  after looking at and hearing about the good services that they provided i went back to really what i looked at as a fit for the town and loosening costello that i thought that they would really be able to move us forward and in the right direction with good support one thing i wanted to bring up though is that i really do find that the council we've received from dave deluca is terrific for a liquor license and so i  want to suggest to the board that we consider retaining him as special counsel for any liquor license matters i think he's really serve the town well would we also consider  for all matters and then consider continuing to use the david to look as services from murphy has he to me in my hand was a very difficult this decision each one of the groups had different aspects about them that were very strong so we're very fortunate to have this problem to pick such a good you know to have so many good firms to choose from so so so that is that your suggestion that we continue to use they believe that would be my suggestion ok i mean if we need to have a separate agenda item to discuss that and i think it's advantageous to sit down if we're going in the direction of those think is telling condon in fact to sit down and see what they have specifically for liquor rather than split them up from the beginning because there if they offer that service there may be a  benefit to have everything under one having said that i been happy with david as well but i don't want to discount the benefits of having it under one firm rather than splitting it up presentation but it's certainly worth a discussion with ok ok we may end up there but rather than going in that direction and discounting that possibility seems reasonable so the first step  we the town engage legal counsel traditionally there's no contract per se if we're going in this direction were we hanging i had all with respect to fees is that we leaving it up to you know lastly duration you know said you know looking at the benefit of the of the board but were changes all the time in politics come in and what are we looking for for an understanding this time with the town council one year to the only concern i have is year to year a lot of the things that come through this table takes well over a year to deal with so if we're changing every year you know there's a lot of step up time in duplications that we i'm not dealing with no attorney like kind of where you are right now i'm not suggesting we go out for our p every year you know i just think it's an option that you have these you know the obvious the options you know you could be weekly if we wanted to but i think i think it's fair to have that discussion with the attorney on our expectations and what their expectations you know they may want not want something that year of the year and they may want to come back and say if they're going to be our town council this is what their experience and i was like and fourteen our for fifteen now we're close last year we got down at least onto the list and the shortlist in which we were reviewed but based on the grouping that we were in we still didn't make it through the process  so the only option again is to resubmit we've got the application complete but part of the rules and regs are there they are signed off by both the border selectmen and the school committee they need to go in with the documentation as i stated in the past years and as i have been becoming more and more obvious just the fact that we're willing to go forward with the process is no guarantee that we will end up getting the state of interest approve again this year but it's an ongoing process the the burl school obviously forty seven years old major components to it boiler systems roof systems windows systems are well  past their life we actually had a major issue with one of the boilers the other day in and basically our kind of having to bandaid that to keep it going but we're we definitely are on borrowed time as i said last year it's it's getting worse each some you furthering in their education prior to even getting into kindergarten and that program itself we don't really have any rooms in this the district that are truly capable for dealing with those kids so what the hope was when we were doing the with the two pre k rooms that we currently have would actually be changed and enlarge so that we'd have full size pre k which would be their own bathroom facilities and everything that you really need with three to four year olds so that's the program that we've probably we've submitted for the last three years it's basically a renovation and reap here with an expansion to you know to include the two fully sized pre k rooms as i said we got close last year we were actually kind of hopeful that we might make it through obviously to the town and our last approval which was the high school we got our forty nine percent reimbursement so it's not something we want to do want our own it's definitely something we want to do with the m s b a support fifteen even if you get that approval it's another probably six to seven months in the first stage which again is not even approved stage to move forward is more designed to look at your process so you really probably looking at this point  f or seventeen financial issues the only potential thing between now and then would be for doing a study or doing some development of plan issues and again they would reimburse you for a portion of that as well so this is really not a an expenditure in f y fifteen or sixteen that i see but our best hope is that they will approve the interest of the town it's obvious be been something that's been discussed in every town meeting we've had for the last three years so i don't think anybody surprise that we keep coming forward with it it is our most in town right now obviously we're moving forward it looks like with the town hall but it is the next worst building within the town structure that needs to be addressed so when i have any questions about the don't need to run full strength on both and we usually i mean obviously when we get down to the subzero temperatures we've had recently you do but i think you know we will do whatever it takes obviously to get through at this point if we get to finally to a point where we have no choice we have to pull one of the boilers and that's what we're going to have to do but still i would rather spend that money on a single boiler than you know try to do the whole thing ourselves and pay for it you know the only other option d m s be a has which is really not the right option for this building because of it's age it's strictly to do a boiler replacement thing which they will do some granting at the problem is you know you have roofs and everything else that are associated with that that really need to be worked on too and you don't want to come back in and start doing work on top of where he just did it really can be counterproductive so we really feel that this is a kind of do it all in one shot get it done like we've done the other buildings which seems to work very well force to have an explanation of why the application didn't entered into the competition i think it got down to about forty we were one of those forty and then they dropped out to down to twenty so about fifty percent of the forty that they looked at and their basic response is that those twenty had a higher priority need then that building did so that kind of tells me that they've got some really bad things is from what's out there or you know whatever their decision was i think we got a lot of credit for the condition that we kept the building in the way we specific and it basically is saying that you know we understand in all ways that they're making no commitment to us but that we have an interest in moving forward that's really all the work the wording is saying is that in other words at the  the school committee you know taxpayers effectively understand this is a project that needs to move forward the wording has to be basically within your minutes so it's going to be hopefully approved by you and that actually gets incorporated in your hands and then i get a copy of your minutes certified by the town clerk as part of my package that goes in we do the same thing with this the school committee it's a very kind of drawn out process but they really want to make sure that they've put everything that everybody has said yes we understand you we need to read this   and we have the reading you can waive the reading as long as the minutes as long as it reflects those that were in the architectural firm that you hired a while back came in originally did the first phase of that was to look at what the working group had come up with for square footage office design layout and thing of that nature  they fortunately looks like they're confirming our numbers are pretty close they're actually right now slightly under ours but you know they're kind of looking at some different issues so that may change but it's nice that it's in that the range that we talked about the secondary thing is if they really start to look at the same type of thing that we had originally done with k v a which was the adjacencies what roman needs to be next to what are the offices layout one of the windows spaces you know what are the customer service areas going to look like  what's the meeting hall going to look like and hopefully not the high school but so they've actually started to show all of that in just individual rooms at this point and now they're going to start to pull together the actual how that will lay together  they met with the with randy bill myself and we had both the o p m and the architects in there and we kind of went through all of the different pieces that laid out there and i think the i think they're they're really close i didn't see any major issues or a couple of comments that we made of different things which i think they you know appreciate hearing now and then the next time they come back to probably come back to full building committee meeting to show more of ok here is how we see all this laying out force i think they're right on the timeline they're there are you know very attentive to this project i think they're doing a good job and you know i think we've been driving home the the colonial look the location we started looking to the forty b process this is the review process that is submitted by the board of selectmen is part of the initial site assignment and what we have done  direction request this is to ask all of our department has in committees for input and and we received a number of comments that come back to us which we which i have more or less pull together and put in a formal letter that will be sent directly to the state the you have available to you a review period that's going to expire and on february twenty third that was the extension period so we have so few days to at leas board further indicated that once the more detail following you submitted his e p a estimate would be in march of two thousand and fifteen but they will review the plans a much greater depth and will provide more specific comments to the zoning board of appeals at that time from the fire department specifically thinking when one detail of it if you would mind look initially i know this is only board looking at the building heights more from a statics fire department was talking about the largest piece to be able to maneuver around in with respect to where the locations there's no one in the letter with respect to the building height versus the largest piece of equipment that we have to get onto the roof so if you could ask the fire chief to take a second look at that and the concern o the point be made that the largest because this is what's in our jurisdiction the largest piece of fire apparatus or the apparatus apparatus that we have can reach the roof of that four story building from the location around it other projects i've seen if that's not the case the buildings either have to get smaller or there's going to be some funding for a new piece of equipment that can service th that really addresses the site location is the con com comment regarding the army corps of engineers i think we should we should push for that but it's i mean it's it's a good it's a the development of the site i think so yeah absolutely do the question is who is the right person they should follow through with you know there were a couple of spokespeople for the group earlier was there was a list of people who are interested in getting information for the next item is the vote on the dispatcher's contract was just complete and we decided that for the benefit of the town and the bargaining unit that the one year contract would be wise just because we needed to build new contracts meaning to feel it oh didn't you know perhaps in future years we can  get and have it be a longer term the provisions that you need to know that are important here are this contract very closely mirrors the current time on a personnel by law a lot of the major provisions come there is no agency fee so for those members who choose not to be in this union there is no mandatory egypt's a fee to not be represented one of the things that i want to commend the dispatcher bargaining you had on is that they asked us to tighten up a probationary period so formants standards by performing performance evaluations i want to commend them on  that you see and hear that do deviate from the personal bylaws things like uniform wants which are more closely aligned with the police contract and equal to what the police some that it's made to keep that in line with other time policies so what you see here today i think is a really good after it has a first contract there's also a side letter that was on the very last increases just two percent does anybody have questions so then in the category of need more information by the proponent that the board of selectmen observe this but at the last meeting the board clearly stated that it's traditional that vote acceptance has come through the planning florida so we met with we had a meeting this week about it and  they were supposed to be meeting with members of the planning board and i think sharon might have an update on on this but my understanding is that this is clearly not moving forward to truc street acceptance so i don't know the specific outcome of that but the planning board was very clear that this road as jim and david know lots of massachusetts are created on with the required frontage an area on either a town road a subdivision road or way that certified it's used and maintained as a public road by the t road and if it's the last category used to maintain it is a public road there's a second caviar that the planning board must determine that there's safe access to potential building sites and in conjunction with making sure that the lane road was built to a standard that a fire engine could get up and down it there were certain agreed upon improvements that would be made the road was never constructed to town standards it was my understanding it is my understanding from reading the planning board minutes over a number of years that the discussion that it was not being constructed to subdivision rules and regs dandridge and therefore could not be accepted as a public road was had a number of times with the initial developers the current developers and anyone else who has asked including the folks that live is frustrated as everybody else so we're in a catch twenty two it's just it is for all intents and purposes a substandard road based on our subdivision rules and regs but because it's an old historic road in town that the town clerk certified was used and maintained it was upgraded to the point that it was safe enough the planning board in dealing with both carrots playing road as well as the other two road accept look to the way other communities do read except it says and they've identified they've created a policy about what has to happen at what point in time there's a number of required inspections and reports and information you know if someone decided monday of last week they wanted to have their street acceptance street accepted i wouldn't want to be the one to tell rich lesley's got to go out and dig up the roots of balance to prove that they're in there  so typically this starts before the snow is on the ground we go out do the field inspections and make sure that everything's that's to be there is near planning board staff the planning board inspector the d p w the tree warden have sign offs we have a public hearing with the residents on the street and get their feedback and then we come to town meeting with ball and informed opinion as to whether or not the planning board can recommend t street be accepted so in addition to deciding to move ahead with mitchell moore and mcnamara and not move ahead with carrots plane road because it was not built subdivision rules and regs standards i've been charged with developing this checklist policy or the planning board to adopt and i'll certainly share it with marybeth so that we all are on the same page about a timeline for treating street acceptances that doesn't catch us all by surprise in the  future general question so this was a historic road that was brought up to a level that was considered safe enough at the time so that was the standard right it was held to it had adequate access  enough we're not sure how much thickness of pavement in both the base coast and topcoat we don't know that there was suitable soil under the pavement that macadam the gravel whether it was correctly compact and we don't know where some of the utilities are there's a lot of unknowns and if the town accepted it as a public way we get good bad never a thing in between with regard to that story we have bought a substandard street that may have financial ramifications for the town down the road so short there's no there's no as bill's there was and as built submitted it is a plan of land that shows it's we don't know what the construction details are whether it is strong enough or needs anything close to what our standards are in terms constructions to have we ever had this kind of situation before i know that folks on camp road tried to get it accepted in the seventy's and planning board was against it for some of the same reasons and town meeting did not adopt it i do not know that we've had this specific  problem a second issue is we have maybe half a dozen or so of these roads in walpole where i served on the plate for it and the watts are measured to the centerline of the road and when the road is accepted by the town and there's a defined taking of thirty forty or fifty feet suddenly everyone slots are that much smaller by the distance from the center of the road to wherever the taking life is so that in our case in walpole one number of substandard lots of become extremely substandard and imposes  really much more hardship on the folks that live there i don't know some of the lot sizes on here it's plain road cannot land which would otherwise be under the road to meeting the letters but there is a lot of issues with the legal side the construction side the president and the future financial ramifications i have enormous sympathy for the folks that live there board not the board of selectmen would say we go in this direction we're venturing to something that we just don't have the experience or the capability to deal with so i don't know why it was short cut it involved discussion inspect the road again in time and this might appear on the all time meeting or is it such a long standing issue that it's not going to change i don't know the answer to that when we do periodically inspect it we had a catch basin subside went out and dealt with the developer on that issue and we have a number of problems with the road i'm going so where i spend a lot of time reviewing the street what's going on there so it's definitely not out of sight out of mind but it's in the category of unknown in terms of town meeting articles no engine terms of whether or not  the the construction is appropriate and could never be accepted what you can see on the ground there are granite curbs it's not as wide as a current road and other features it doesn't have street trees  so the things that you can see on the ground it doesn't have everything that's required what we don't know is what's under the ground in a any great detail i think is the assumption can be made that it has not been built  if in fact that is the case that part of their lot the area is within what would be the road wide road one way right of way taking too many ours  so i agree with jim that this is thing that you guys have a lot on your plate you should make the planning board do their job and then you have street acceptance come through the planning board as i said we're coming up with a procedure so that everybody understands what the timeline is and what the rules are and what the checklist is and you know did gabbie new staff plan or is working very diligently to get a lot of these languishing roadways completed so we can bring them to acceptance and where we're back in the road acceptance process but we want to make it rational we want to i know they paid an inspection fee i do not believe they paid but i do not know that for sure this one off as well done if we need additional funding will provide that and will take care of it as part of the the annual operating budget for fiscal thousand and sixty so is it's one of the is the board is who may or may not be aware it's one of the provisions that is allowed times particularly i think the last saw storm we had about fifteen sixteen seventeen inches of sort of snow that was included as was the first blizzard so we we have not heard anything about the second storm but i know that we're we've we've we've seen with the required information for the first time so we have what we've gathered all the information we have what we need to submit and will continue to to track every storm as they come about let's hope that we don't get too many more because the