ok thank you fox of the cable access t v welcome everybody good evening today is december twenty ninth the last selectmen meeting the year two thousand and fifteen it's six thirty we're going to go into executive session for two topics and then we'll come out of that and at seven o'clock we'll go into our regular session so at six thirty the two items that are on this evening for executive session is a strategy discussion for at least negotiations are held to relative to the gillette stadium land and then also to review executive session minutes for the two thousand and fourteen two thousand and fifteen season there's about fourteen of them the all been approved but we have to look at them because some can and cannot be released so those are the two items and i'll read the rest of the agenda at seven o'clock so all those in favor of going into executive session say i roll call john yes chris jenny and myself since four in david's not with us tonight he's a business and gate and so we just the four of us will see what seven o'clock thank you frank welcome back everybody welcome today's december twenty ninth the last meeting before the end of the year we just got out of a half hour executive session at six thirty in the two items that discussed was strategy discussions for the lease negotiations relative to the gillette stadium land and then also we didn't quite finish though at the end of this meeting we're going to go back into executive just to review the two thousand and fourteen two thousand and fifteen executive minutes they've all been approved but we need to see which one can be released yet at seven o'clock we have citizens input at seven o five selections update at seven fifteen we have visitors from the foxboro planning board to a point gary white house as a full time member expiring may first two thousand and sixteen and that's because bill greeter departed this year long retirement after many years he didn't die fighter at seven thirty we have a saga ahead bochy steak house public airing for an alleged alcohol violation at eight o'clock assistant time manager marybeth bernard will be presenting and will discuss the vote for the steelworkers contract that's the collective bargaining agreement and that's for a three year term three year contract and a twenty time energy bill keegan has put together with with mary beth and many of the staff members a two thousand and fifteen look back year in review which will be exciting the first time that we've done that at eight fifty follow up at the town manager's update as well as marybeth with this in time in issues update and then we have being a few minutes after seven is there anyone here for citizens input and seeing nobody on the selections update being the last meeting i just wanted to say hope everyone has a very safe and happy new year's this weekend we're going to add a nice christmas hanukkah holiday celebrations one topic i wanted to bring up well not a topic but just to thank the board members we've had a very productive year bill mary beth and all the staff in really all the volunteers committees and groups in town a lot has been going on in this town and if you look at our meetings a lot of times they start early and late and every meeting has been packed if anybody's looking for a new year's resolution february twenty sixth is our special town meeting and that's kind of where everything comes together and i'll be honest with it it's a lot more when i hear complaints or suggestions from residents but they don't take the time to come to any of the meetings that's fine but if you don't come to town meeting at least for want to two hours out of the whole year please do it you know  you'll learn a lot and you'll get to voice some of the stuff that everyone's been working hard on all year so if you could do that that would be great if you saw the sign in the common that was a nice thing that happened in relatively short time the the flagpole funds were raised and the nice thing about that is twenty five percent of the funds that were raised or the contributions are coming from the town the labor and the materials seventy five percent is coming from the people in the businesses you know kind of the monitor that we've been saying at the five point meetings is you know for for the people by the people and it's something that we felt strongly that if you know that's one thing in the town that the people can step forward and do so  last week it was kind of topped off with the partners in patriotism twelve thousand dollars donation which made us reach our goal so we're there we're shooting for memorial day to have a new flag up and worst case founders day to have everything all set so very proud of the people that worked in the community bring that forward and lastly just be safe on new year's and we have the winter classic which is going to be a lot of eyes ok so so with bill greater retiring from the planning board we have an opening in gary white house is here for consideration gary do you want to come to the table period he's the most likely person to fulfill it it's a short term appointment by your board to allow him to fulfill that position and so the may elections which case he would have to run for the position either on his own or against anyone else who you know felt that they wanted to run for the slot and i believe that that election will only keep for one more year because bill had a year left on his will have had a year left that when his term so regardless of whether it's if it is gary terrific if it's another party who wins that election they will have to run again i hear from men who are three or c gotcha ok just want to first of all thank you for coming tonight good evening everybody thank you for inviting me so obviously it's a year nearing the end of your career and you're going into retirement so we thought it would be nice to have you in front of us a little bit  acknowledge and are grateful for your services acting fire chief in two thousand and five we appreciate your personal commitment to development by retaining many certifications and for obtaining your bachelor's degree and master's degree in fire science while working in attending to customary duties as a lifelong resident of foxborough you have demonstrated a sense of deep responsibility and pride while providing the time with fire service and emergency medical services knowledge your contributions to the community in the many and varied projects and committees in the town is appreciated and relied on your historical knowledge we wish to commend your dedication and efforts toward safety and protection to the congratulations on your retirement on january second two thousand and sixteen we wish you and your family health and happiness the citation is given under the seal of the town of foxborough on the twenty ninth day of december two thousand and fifty thank you all thank you very much it's pretty much sums it up i guess i think over the years i've been very fortunate to meet a lot of good people in fox residents and a lot of businessman and i have established a lot of great relationships and i'm very very grateful for that it's been a good career and very happy to have been able to serve in the time i grew up in right out of high school i was hoping that some day it would be the town that i lived in what would be the target i'd get a job and then it worked out that way and i was very fortunate and you know it's like i said i met a lot of good people along the way and very very thankful for their relationships and not for being loud but for doing your job and i know you've put you've put the town in front of yourself on many occasions when did the right thing in lead by example so i appreciate it a and i think at this table we've seen you know people retire after many many years in we lose a big part of it's not even the institutional knowledge it's the integrity in the love of foxborough and somebody for so many years well thank you very much and it's been my pleasure i can't stress you know the thanks that i have for everybody that i've met along the way i mean for their support and guidance and you know i've learned a lot from the guys who have retired before me and i can only hope that maybe some of the younger guys took a little bit from you know what i've tried to portray but but thank you very much steve you know folks in the public safety yeah we have five minutes we can open the the public airing until seven thirty so if we could go to act another like to the next one down is a common victual as licens nonalcoholic restaurants should we do all of these arrests or both restaurants separately yes already do they make a motion that we have prove yeah you notice it's kind of back roads and it stays off if i won forty that's over the south street and comes around water street back to union i am going to read in a second dollars carolyn and jeremy callahan fifteen dollars david in barbara watts fifty dollars j m but no fifty dollars will the leggy fifty dollars rate o'leary twenty five dollars richard in gene ludwig twenty five dollars james and mildred perry one hundred dollars dollars john spivey one thousand dollars dorothy and alex kilgore eight dollars to go fund me website ninety dollars laureen twenty six almost twenty eight thousand and twelve thousand from the partners in patriot tism that brings us up to forty and then the town contribution puts us at the top even though we're at the top if somebody does want to make a donation and we're keeping it open so it seems like it's a personal gift for a lot of people also to be part of it we met the other night we're talking about putting some type of a time capsule underneath the flower bed and then also put all the names on a white flag and raising it for a week so be part of history so by all means if you want to make the donation send it into this like ms office and hopefully it all comes together by may so the motion was made second it for the discussion of those in favor of evolution carries for zero ok that brings us back to seven thirty if i could invite representatives from  hall council i think what we usually do is we'll have town council present after it's red they came here from the representative saga and then a lot of our discussion afterwards licensing authority in accordance with past uses general laws annotated chapter one thirty eight section twenty three sixty four and sixty seven and all amendments there to the purpose of this hearing will be to review and discuss information concerning a legit violations of chapter one thirty eight that occurred at the saga how bochy steak house and sushi bar two ninety five patriot place foxborough mass all interested parties are invited to attend matter before tonight and we're in agreement as to most of the essential facts that give rise to the before delineated specifics of the violation notice so in an effort to make this more efficient and easier were waving actual testimony in cross examination on those facts and are willing to accept what the police officer has to offer by way of summary in regard to those facts but do want to be heard with regard to the events that evening because i think there are some other facts that are necessary for this board to have in order to make its decision ok appreciate them as to stopa so you're present and you not going to challenge it you're basically agreeing to what he's going to present there if there are any specific facts i think that need comment i will i'm telling you that the essential facts necessary for those four charges are acceptable to my clients and we understand the basis for those but do want to be heard with regard to certain things that are not apparent from the police report ok very good thank you thank you so sore would you give your name and your assignment please my name is sergeant richard noonan of the foxboro police department i'm also a look at control agent for the town of foxborough how long have you served in the capacity about fifteen you know that's by rules and regulations of the time fox was are correct that's correct ok what did you find when you got to the scene i would have up to the window i am sure of several patients within the establishment still leading in the consuming alcohol upon entering the establishment however after he cleared the alcohol from the front beriah i into the back room observed that none of the alcohol was removed from any of the tables partially want time in the in the early morning hours was that i responded  all tables and bar within the allotted time of the established five minutes past the closing hour of one a m number three establishing failed to have all patrons off the licensed premises within fifteen minutes of the established close an hour of one a m and no before the establishment failed to to the patrons on the prime source at some point in time based because of the fact that they looked like they just received their food and there was a thirty seven page and said i want to create a scene of disturbance so i allowed them some time to consume their food at some point after about twenty minutes notify the manager is that he's going to have to start moving the patrons off the premises at no time prior to that did he attempt to make anyone leave at some point time i did you confirm that the promises have been vacated i did it what time was that clients that the last call for alcohol that evening was given compliance with the rules and regulations no alcohol was served after that point what time was that the last call was about twenty minutes of ok one the restaurant end was shutting down their food service during this time period now having said no and they had one of the system managers a fellow by the name of ricky and i apologize when i was last name i can get it if it becomes important he was to be at the front door to make sure no new people were coming in the door the doors there from the restaurant don't have the spring loaded locks so that people can leave once the doors are locked they have somebody would have to be there with the  so they their preferred method of handling that is to have someone on the front and to do just that now having said those things i can tell you that immediately after this happened my client contacted me even before this was matter this matter was presented by the chief your last meeting because there was serious concern about how this could have possibly happened and we began to do a bit of an investigation to try to figure out what was different about this night than any other night that they had experienced in their roughly two plus years two years a few weeks of operating at page a patriot place and we were able to piece together pretty much what had happened and i'll share that with you their experience generally on other night games has been that when the game and there are very few patrons in the restaurant the ones who are there are generally at the bar virtually never having any at the restaurant portion in the back of the i don't know if you're familiar but there's a bar at a front of the restaurant or in the back generally their experience has been that there are no one in a restaurant everyone's at the bar it's easy to clear the bar and then house all those folks out of of the establishment within the time period that's a lot it and never they never had any problem with that previously so start looking at what had happened during other night games and what was different about this one  this night game ran thirty two minutes over and we know that most people understand that n f l games are scheduled to run three hours that's about the time period that they do they do this game happened  around thirty two minutes over in addition to that the weather was twenty nine degrees the wind chill was twenty one degrees now this is it's cold but notably colder than it had been in the in the the prior week so i think that there's some significance to that so as a result of the thirty two minute delay in in the game time the whole cycle for what happened at the end of the evening with people leaving the stadium going to the restaurant to get some food or a drink and then going home got pushed out and quite frankly the folks at saga did not even realize that this shift had it happened because it was just the normal course of human affairs seem to be going the way it had always gone and i'll share with you the other prior dates because i actually did the research to see what other night games there were and how long the games had run so before they can even realize that they had an inordinate number of people coming in late at least thirty two minutes later and i'll suggest you because of the cold weather people have a tendency to move slower  they're cold that that even got pushed out a little bit more so now that they've got these cold people sitting in the restaurant and i can tell you that and i'm joined this evening by any chance and steve lynn steve linda is the manager on the license any chance as a restaurant manager in charge of most of the operations there she quite candidly said to me it was strange people were ordering food and drinks and just sitting there they were eating they were drinking they were cold and there was one woman in particular that was notable to miss chan when she was recounting this to me it was towards the end when officer noonan was was trying to get people to move along her comment was cold we're not doing anything wrong can we just sit here for a few minutes and had to sitting there and by the time you realize that you've got a problem it became a bigger problem because the time allotment had passed and even if they were trying to do all the right things to get things closed down you've got these thirty seven people as a lot more people than their general experience is during a night game one other complicating factor is that the computer at the front desk because of some power outages previously the the time that was on that said six forty six in the now with regard to the prior experiences it was interesting to go back through this and there's a website just fascinating actually called pro hyphen football hyphen reference dot com has all the ridiculous statistics that you would ever want including all the games that to sticks i was more interested in what happened during the how long the games went what the temperature was and so forth so as i suggested to th november twenty third game which was that it ended in on november twenty fourth the date of the violation it was it started eight thirty round three hours and thirty two minutes so i ran over and i think it's important to understand what their experience has been with night games going back to when they first opened the next night game there was was a thursday october twenty ninth game that started at eight twenty six and ended in three hours in two minutes so clearly it's about thirty three minutes shorter time wise than the game at issue here prior to that was thursday september the tenth two thousand and fifteen that was a game that started at eight forty so it started late when three hours so that was still twenty five minutes shorter than than the experience this night similarly on october the sixteenth two thousand and fourteen also a thursday night game that started at eight twenty five around three hours and four minutes so it would have been finished within that three hour time period of eight thirty that we're all used to january eleventh two thousand and fourteen for similarly started eight fifteen went three hours and twelve minutes so finished more than thirty two thirty three minutes before this game on this evening and i found one anomaly and i'll share it with you because in the spirit of candor about three weeks after not even three weeks two weeks after they opened the restaurant in two thousand thirteen in november two thousand and thirteen there was a sunday night game that actually ran later than this one and i couldn't quite figure out how that could be without having the same sort of experience in and of occurred to me they were only open for two weeks nobody even knew they were there and that game ran fifty three minutes long and i think the result of that was it ran so late people didn't even think about going out afterwards so i think that that's why this this evening the realm of the twenty third into the twenty fourth became the perfect storm because it was just later that late enough to disrupt that regular business cycle and throw things out of kilter and but not long enough so that you can get by it because people will just not even attention and go home that so that that became the new experience for that night and i'll suggest to you that absent a distorted sense of reality once again that's not likely to ever happen however now that it has happened they're better prepared for the issue because they they've experienced it irrespective of that that we sat down and talked about what things can be done better so that this absolutely will not happen again and one of the things that they have done already and again was before this the notice of violation was even receive this change took place was that they've moved their last call back to twelve thirty just to give themselves extra buffer of time no matter what the circumstance is they've also retrained the staff to emphasize the importance of having the restaurant cleared we know that in in the rules and regulations if you mean there are the time periods that have already been discussed the night that are set out in there unfortunately they sit in paragraph sixteen i think it is without any particular labels in them and they aren't not necessarily  highlighted for people to understand however and i was fleeced to see this when the new alcohol licenses were issued for this year there was a distinct change in the verbiage on the face of the license in as much as previously it said what the closing time was but the new license says that when the last call has to be given and that all bottles and glasses etc have to be in the time periods for all that so it's it's prominently displayed and i think that's a very excellent thing that's that's happened and i think it will be helpful not just for my clients or for one of my other clients in town that might have had the same experience so you can see then that this was a very unusual set of circumstances that night there was nothing purposeful about what they did it was just that business cycle that got pushed forward and it caught them off guard and the key features of what they're supposed to do by shutting down alcohol operations were all met they they just didn't get the premises cleared in the in the manner that they were supposed to so now i we know that there was a violation in september of two thousand and fourteen a very different violation from this one and what i'm asking of this board is  treat this circumstance very differently from that one and consider this as a first violation if you will because it is so distinctly different from the other and in i think understandably and explain they were behind the counter and they still had food out yes because you know mike you said that your clients met the regulations when it came to last call so at that point in time they could tell time with the bartenders know  last call is supposed to be i'm the person that i was commenting about was any chance who was the restaurant manager she's not the she did not have the correct time at the front counter and all that was the the limit of my comment on that they did make the last operation so that's why i want to comment about the shutting down of the sushi operation because if you were looking at it you would see this this sushi chefs putting things up on the work surfaces in i didn't even understand this until i asked about it the the process for shutting down a sushi facility is very different than showing down a restaurant a regular restaurant where you just take thanks throw them in the refrigerator and you're done in order to be in order to preserve the integrity of the sushi it has to be wrapped in and stored in a in a different way and it's a very complicated complex sort of a process that has to be done and it might appear if somebody were just looking at that sushi station it might look like they were putting things up on the counter to be served but they were not they were in fact not doing that they were they were shutting down that aspect of the operation in the way that they had to so i think that there could be a mr act on that no one was being served food at that out of the other thing too is you know we've all worked in also most of work in restaurants retail closing time please want to go home they know the time and i'm really surprised that the employees didn't tell the management hey by the way it's getting really late we need to shut down they know the drill they do it every night sure why did it continue you know wasn't so much of that it continue i get i think my and my representation of it is is accurate in that it's that that cycle just kind of got pushed out and i think that it consumed everyone because they were dealing with their customers before realizing that the time had gotten so late and so i think actually that lends itself to that explanation that had  you're right employees want to go home i think had they realized that they were at the the cycle had been moved in that time was getting on the people who more than one of them would have said something so what happened was just a very odd set of circumstances when it got caught everybody by surprise apparently even even the employees who would otherwise be demanding the leave well think the the the cold beverages roughly forty minutes after last call this is concerning i didn't my client didn't take the temperature of these the thought was i don't understand what sergeant says and i don't i don't have a response for that i can tell you the no one got served after the time period they were supposed to be served there was one table in particular that might my client noted that the people literally just sat there with the drinks in the food at the table doing nothing i stand still be i guess because they were cold and they just wanted to sit there so i maybe they ordered the food in the in the beers out of habit and they let it sit there i don't have an explanation for that out with the other establishments open that night my understanding is that for the night games there are only two or three establishment that are open i don't know then sentence below that when i asked them the approximate time of the last service of alcohol they were not able to provide me with an answer was could they not provide him with an answer but they can provide you with a guaranteed twelve forty they gave last class i thought about going back through the report i thought there was a reference to the fact that they gave last fall when the at the time period they said they were supposed to says rate air they couldn't provide him the time that they gave last call again i'm not familiar with who with the specific jobs that each of those people has i just know from what my the managers of the snapshot got from their bartenders and that is that no alcohol served after the time period that was supposed to have been served again where knowledge in that the alcoholic beverages remained on the tables the people were not out of the establishment at the time they were supposed to be and the specific allegations of the violation are not that they served alcohol after that time period but that the oklahoma still out so ok had the violation been stated differently and i might i might not have been so quick to to accept the essential facts as they were being presented but there was there was no notice of violation for actually serving alcohol after that time period so ok the other thing that we've got seem to coincide with the my clients were saying happened that if the other thing that you mentioned the new licens that you have in front of you that has the times and you kind of alluded to they weren't sure of the times before that no no what i was what i was suggesting is that that was handed to me tonight and i wanted to the comment that i thought that was a very good thing because when i sat down with my clients i went through the rules and regulations when they were aware of what was in there but i come from one of my comments to them was it's unfortunate there aren't labels for each of the paragraphs to tell you what's in that paragraph and in those requirements i'm pretty sure it's paragraph sixteen of the the rules and regulations so when i saw the new license because they  received it yesterday perhaps i was i wanted to point out to the board that i thought it was a brilliant idea to put that on there because it makes it prominent because not everyone is going to read as we might otherwise want them to all the rules and regulations and understand every line and paragraph that's that that's in them that was that was the nature of my comment any restaurant and bar the number one liability is a liquor store right they don't know where that should be ingrained in their head sure clearly clearly they knew them and they knew of it again and might my comment was just to say that i thought that was a good idea and whoever decided to put that on there i think is a good idea can i ask rich's question serge of the other establishments that are open late night up there for that for that night in particular i don't go around in general i mean and some of it depends on the event some establishment will stay open some status close so it's essential event gets over that they don't want to deal with the rush of those they'll close early ok so everyone has different operating procedures for different events ok that they were operating and after i was in i was inquiring as to why they were still operating and you said that when you asked that question the manager was unable to give you an answer he just couldn't state why he was still there still rules and regulations of the town folks from regard to serving of alcohol i reference sometimes yes so he was aware when you say when he was speaking to when you were speaking to him after you entered when you finally spoke to him he was aware  point he didn't the manager did not go in and try to get people they started with the front room and then after the front room was cleared of alcohol again i didn't want the matter right so i didn't make them evacuat i just told to get the alcohol off the tables and then we went to the back room to remove the alcohol and that after some point i said you got to get some people out of here yeah but also people entered the premises two people came in and did and in your report you said that no one establishment ok but do you know with there were any establishment open on that night that you know you don't know ok there clock in the restaurant of people wear watches today have i didn't take notice of any clocks the only clock that i asked to look at was the cash register which the date time was wrong on the cash register of the bar area and this is a second violation it's not considered first violation it is a second violation whenever you have that we consider the time frame is three years last year was the first violation and this is the second time something's happened so this is considered to be a second violation type of violation and the circumstances are such that i think that it can it can be explained because of the of the circumstances that led up to this violation there was no purposeful action it was just to overtly here it was a happenstance that caused a problem that they had never experienced before and that that natural cycle that that natural cycle of the people cause a problem and the they're the liquor license manager and his chairman who runs the the restaurant operations and the bartenders for sure no i can tell you that now everyone is familiar because i even know that they were once all of this that we got towards the end of the situation there they were trying to get people out but as you might well understand some of the customers they didn't understand what was going on why they had to do what they were being asked to do they didn't know they don't know that they've got to be out of there by one fifteen so even though they were telling people to leave they were getting some pushback and it's unfortunate start to know i think recognize that and spoke up and said look a fact listen folks we're past that closing time everybody's got to go and it was it was a nice gesture to allow some people to finish some of their food before having to leave think that was very nice there was but i think that's all we into the nature of how this circumstance came about that evening when when it happened so the rules regulations say that you have to last call is at what time think we run a little late no i d why the plan i think i think that they they had already been they already recognized that this was everything had run late and that was about the same time as officer noonan showed  understand is if you can see if you place is supposed to be closing down around one o'clock that's in the rules and regulations you get your bike by that every three hundred sixty four days of the year in this three hundred sixty fifth day when it came down to the end of the night the end of the game time in the in the night when people are supposed to be going home there at the natural cycle was there was no one in the restaurant there were a few people at the bar and it was easy to take those th glasses and bottles off the bar and fish people out of out of the place this circumstance was different all of a sudden there's thirty seven people in the establishment i think probably thirty or more of them were in the restaurant this was an unusual the that's a night game sort of a thing but again all of their prior night game experiences never had an issue there were never people in the restaurant that they had that deal with that when it came to the push time of shutting things down and getting people out was always the remnants of people left at the bar and that was that was truly the different experience on this night caught them totally off guard you know  the rules and regulations the rules and regulations nobody has a watch i don't i don't i don't understand the think the group think that nobody's going to look at their watch no i'm not suggesting that  the servers of the alcohol clearly knew what time that it was for purposes of giving last call and stopping service the problem here as laid out in the violations that are noticed is that people didn't leave because they weren't asked to leave the prior experiences that they never had people in the restaurant that had to make you know and i understand that but that's also why we're not in as it were notified by the state police that there was a people serving by team ops by the patriots when you got there in your report you say the security got it in a fight as james is  stated to me that he observed the bartender serving drinks after one a m so that's in your report and that's definitive that's what you know that's his observation i can't see it but that's definitive you spoke to him the secure that's when your court to me correct after one o'clock that's the only question i had i'm sorry but if i may deal with there with that issue well the person who's not here you know obviously can't testify as to what he observed it was from outside through a window if we look at the further and i don't know if it was outside the window that's what it says in the report but the other part of it is there was further inquiry about that with the bartender the bartender unequivocally sad that he did not serve alcoholic beverages what he did do was give a person in a styrofoam cup  reaction on the patrons what reaction do they have that they have was it a bit incredulous that they would be asked to leave so early i mean did you get the sense that the patrons were accustomed to stay in that league and i've based on the after they just gave i do anyone is a frequent customer there they will take it as if they just came from the game they work some expressions of concern when the staff is going around taking the drinks at which time i made the announcement that they were serving after i was all alcohol had to be removed there was no issues with that but so they understood that it was getting late correct ok and then you know instead of asking them to leave which would cause more problems lie than to finish the dinner absent at which some time i asked the staff to get the people moving at which time they did ok but there was no  want to do two things ask tom and to bill keegan if there's anything that we're not aware of that want to bring our attention before we close the hearing ok is there anyone from the public that has any questions comments and if there are that he to come to the microphone and be sworn in and the board's comfortable in making a decision on the recommendation tonight we'll do it if not we'll extend it to the next meeting so motion was made to close the hearing so we can second it and a further discussion i just want to reach out one more time is there anything else to add before we close the hearing that you didn't have an opportunity to nor are your clients know i believe that we've fairly presented what we had to offer a motion made second to for the discussion was in favor of closing motion carries four zero discussion on finding a fax final section on those regulations or just title sinks as for violations if you were to find indeed that there has been a violation of any of the rules regulations and we have first or second needs to be with three years of first there is no indication in the in the the rules or regulations relative to the type of violation or a distinguishing between violations that  would occur with respect to the numbering of violations and just clearly indicates a violation is a violation without any distinction between one violation or another in the second would be what would be the discipline do you know if there's any other regular violations that we're not aware of time regulations e c c violations over the last two years  a number of general provisions that go up to thirty seven and then it goes into the sanctions you also have a report from the fox or police department that names for violations in russia how they correspond from one to the other going through the rules and regulations tried to match one to the other and i see the reference to violation of a sixteen number seventeen number eighteen a number of eleven generally but i don't think we have to be that specific on our findings our findings could first thing that was said to me is no doubt that they violated our policies so they definitely violated the policy do we have to vote today by the way you are really too be motion could be after hearing testimony from our counsel from the fox brook police department and from the the license holder this efficient facts based on what the facts were a police report says that our rules and regulations  testimony from our counsel sergeant noonan and the defendant's counsel that there is sufficient evidence in fact that they violated our little license  made second for the discussion on the facts i was in favor of motion carries four zero for the second part is if we wanted to deliberate and decide if there is a  board for this and there are rules and regulations sanctions for violations under discussion i think i brought this up the last time they had a violation is that you know ultimately management is responsible for training their staff and ultimately management is responsible because the names on the license the this this seems that there were there were almost purposefully lax i know that you said those extenuating stroke ups as it was quite a crowd that came in but the fact that they did pay attention to time as you said when they had last call no there's other customer that said that didn't quite happen but you said they paid attention to the time you know it's it's not it's a privilege to have a liquor license in this town it's with a lot of money and you really have to be  responsible and the reason i asked the questions to you ma because i was wondering if there was a pattern where the management said he would get a good crowd tonight with keep it going and i'm hoping that's not the case certainly not but you know it but it's it's  close and and they say they begin to work on that well ahead of time from the testimony i heard i really don't see that there was an effort made to do that chris yeah and going back to whether she'd be a first or second i think it's undoubtedly no questions asked the second mile ation are all cities i think it i mean to use the weather and to use that the game went late is that it's clear to me it seems that they just didn't follow our rules and regulations and there i mean john said with a license violation six second year in a row they've only been open what would you say two and a half years and they've already had this is the second violation say and then my listening to the reasons and i just you know i understand late game but you know cold temperatures people move slowly in cold weather the clock was broken the print was too small on the regulations you know coupled with the fact that i reached out to fox kara's which is our group that is primarily my made up of volunteers or liquor stablish mint owners and they said have repeatedly reached out to your client to participate in that group and it's fallen on deaf ears the e mails not returned the the phone calls are returned which tells me either they don't care or they don't get it but they hear after excuse you know going down to the clock was broken i mean if the clock says it was six in the morning like you said to they really think it was six in the morning i just i have no patience for this so  and undoubtedly it's a second violation without without any doubt so what our regulations show is the board may consider the following and what attorney to look at said is a second violation is a suspension of license from three to ten days with liquor closing hours of eleven pm for thirty days in the past we've we've held that we've gone stronger and we've also gone a week or so to be interesting for some discussion on where you were with the board once we just just one know last year when mr de luca was here and we were going over the violations you had noted that under they look at closing hours that actually would require another hearing and it would be a change in in places and as we were we were reviewing cheaper larry and dave brown and greenberg and i am reviewing the regular and that was one of the things we were going to change so i think that  they changing of the i was closing bell and clive is i think that should really be off the table as far as if i you know for sanctions sanctions only because it would unless we do very issue of whether or not abbreviated closing hours could be among the the range or universe of penalties that you could impose for a  public need for decreasing hours can quit the board take that kind of action if you know very clearly distinguish between the range or universe of other actions you could take to modify a license under section twenty three but that in so far as modifying license modifying ours ours can only be determined as a result of a hearing today that is based on public need so the answer is quite clear so i've been all of that would have to hold up a separate hearing on whether or not there was some kind of public need for breviary hours in th just to bring i just one thing that here tells you if i could make a suggestion on that score it is quite possible that you could you would have to have a bifurcated hearing you could have a hearing that would include both issues so long as the  applicant was notified on both issues at the time of the hearing so you could have a blended hearing that would hear a disciplinary action as well as a public need to type of act yes but in this case that didn't happen  heard on the issue of this with thank you thank you for making reference to to that first violation because as some of you will recall from from that hearing i was on behalf of my client rather distraught over the fact that we were approaching the issue from that perspective because from a purely fairness standpoint other establishment who had been brought before this board on the exact same violation i had been treated very differently much more softly where they only had a letter of reprimand and no suspension of license and while i understand the board's frustration with some of the the liquor establishment in town particularly with regard to the compliance checks of the staying checks annually that the number seem to be going up my concern at that point was that my client was being painted with the the hills and disdain of other establishment when that was their first foray and they got treated very harshly simply because of the timing of when they happened to be before the board so my concern with the reason i'm making comment about that is i would ask that you take that into consideration when when when talking about what sort of discipline should be here and just to allay the fears of of everybody on the board my clients were mortified this happened they they were very they took it very seriously from the first minute and really worked hard to try to figure out why this sort of circumstance happened since circumstances happened these are not excuses that they decided to come before the board to try to deflect any concern well our with our policy there does the with the second violation and does it have to be the suspension and the closing hours ago you want to know if they don't want to have those you know yeah so why don't that we have you know we were elected by the citizens of foxboro to manage these licenses and to look out for public safety and you know we would use the word egregious before because the manager was on site that night i still consider this to be egre they were aware i mean they're intelligent people the businesspeople they were aware so i would suggest that i'd like to suspend a license for ten days i will definitely go along with you just for the fact that we're dealing with four separate violations the same night so ten days i would definitely support their motion with to make a motion that we suspend t  the important cooperation from the applicant a license holder m r self to cooperate if you will in the choice of those days that's entirely within the board's discretion i guess that's that the actual day you can make the most i guess the days are to be determined or we have to determine the now it is it's always best if you do in the context of your decision stablished the date on the on the recommend that four of those days are fridays and saturdays and that those days that have to be served before the end of march days it wouldn't be i want to on monday wednesday friday so i would say it should be ten consecutive days done it different ways we've had applicants caught the holiday and come up with a and this happened last november days that work for them and we want to happy with some of those the we did there because the the closing gates were going to know christmas last year is again if you lost your license for drunk driving for ten days they're not going to give it a single christmas shopping i say ten consecutive days and it is what it is it doesn't matter what it is it's just my opinion well even if you do ten consecutive days it's going to be two days two days of going to be one is going to be friday was going to be said are you going to get that weekend and you could you could actually that's that's true you could actually or you could do it  starting credibly on the eighth of january and going through to the studio eighteenth what's the potential for the first playoff game  the sixteenth of july i'm all for keeping it simple and i like john i like chris's idea set a date go from ten days in deal with it was that time span again don't you know that me eighth through the eighteenth includes actually two fridays and saturdays of which you specified early yet i'm just i heard a bunch of excuses but i want to make sure that when they open up on the eighteenth that these regulations are understood the letter is a big enough that they all can read it and they have a different protocol so i'm wondering if we have a provision that they come back in front of the board i think and bring counsel but i want to hear from the management that they understand at this time so we don't have a we're not sitting there with a third violation that people don't understand what this is all about because we we did it a year presentation i explained what changes they've already made and that is to move the last call to twelve thirty and they've already retrained their staff and they've gotten the cash register  i believe that the time period has been fixed on that that's not the sole time keeper and there was just a piece of  possible i understand what you're saying but i'd feel more comfortable if if i can have a dialogue with the manager and they can tell us you're not there every day and you're not if it's ok i know you represent i'm representing what to you what they have already explained to me about the changes they've already implemented you know it was again they chain made those implementation of those changes prior to even receiving notice of violation twenty second because i don't know if you recall i was here the night that the chief and i presented the summary report to the board  other after it's been completed when we put him on the agenda for the twelfth of may i have a point of clarification are you suggesting that january the eighth is the ventilator be separated out into two separate memory and greyness and all of that but probably a couple of the key points i wanted to tell you about i'm going to have a summary of what i'm saying i'm sorry on a couple of the key points that are important to note are that this contract maintained significant management rights these people this group of employees was formally covered by the by law so as in a first contract we used labor counsel to ensure that we did retain significant management rights in the spirit of the personnel by law the grievance procedure the vacation policy the personal the holiday language those mare and zachary the personal by law we did something unique in both the library contract and this one we have a recognition of employees that work fifty two in keeping with the state's new sickleave law had the town adopted it this group would have been entitle to five point two six days per year anyway this gives them six we also increase longevity schedule to keep while we're trying to create some uniformity among all the contracts so this group was behind in a concept that hadn't been increased in about seventeen years they were given twenty five dollar increase in longevity all of the leave language f m l a bereavement jury duty military leave all merit press now by law we had to clarify some interesting things most of these people are typical either department managers or office workers but we do it the public work supervisors in this group so we had to do some clarification language around snow emergencies and overtime related to that and include that in the contract as i said before it's a really diverse group of employees covered by this so we had to talk about weekend duty and licenses for d p w supervisors making sure that they retained what they would have had under by law we talked about we just clarified the process for reimbursement of certifications we defined a process for out of grade compensation that never existed before so if an employee were to cover for their supervisor due to an illness or something like that we have a very specific they can get anywhere between two and a half or five percent if it's an absence of a certain amount of time so we're very specific on that language we've defined overtime using n f reclassification concurrent with the negotiations we're undergoing a classification study and we're looking at job description so we wanted to define that job shouldn't come before the town manager more than once every two the the wages portion of this as i said the contract begins on july one two thousand and fourteen so that's retroactive from the beginning of discussions in negotiations so they this group is granted a step increase for f y fifteen zero two and a half percent f y sixteen was not just a general increase so the first year didn't include koehler in the contract the second year is a two surface two hundred forty days and that's in lieu of like a short term disability only and we don't have one of those ships and then finally by agreeing to this contract the work there was a pending  of the deal are with this group and those get resolved by doing settling this contract so it was at times painful and it was in the end very much an engaging process where everybody was involved and came to the table every time really trying to get this solved and we had our differences but all in all it was a respectful process and it was a lot my communications about when step increases should happen was this group covered by the by law all but we bargained for increases so those things were resolved within the the language of the contract that f y fifteen was one of those things thank  study is going to be the timing of that and who's going to do it and so right now that's an open ended on that this study has begun and we have a consultant mark morse who's doing it he's one of the really qualified municipal consultants he's done hundreds of these studies we actually brought him into bargaining so he could explain this process he did do this process a compensation classification study for the town back in i think it was zero six or zero seven and down people were very pleased with that salary plan in fact in discussions with personal wage board one of the things they discussed is couldn't we go back to that old plan that was when people were happy and things felt fair and all of that so we brought him back and he's currently doing  market study of all of these positions he's already gathered all the data and then he does this he introduced to them you know some graphs and charts of how he works and then he's looking at how the in the bill have a big role in that as well so the study has begun he's collected the data we're supposed to sit down with him in january to look at it and then concurrent with that we're looking at all the job descriptions to make sure those are accurate before they're placed on the compensation plan but i'll probably be the increase i mean there is the risk that and the consultant did tell this group there's a risk some positions may end up not being you know not seeing an increase they may be determined that they're being really it'll be that general that all of them would be and i think that what would happen is the incumbent win would be held harmless so you know they would not be of a position to be downgrading the income that wouldn't think it would be one if they can in the future we will do that so you probably do like a red and to all the employees who participate in this process the body team for the unions both unions were professional we were to do it with sometimes we disagree we disagree strongly at times which is ok it's normal for the process issues that have occurred throughout the year this is a very positive presentation lot of got a good things that happened during the past year and so we wanted to sort of give you a summary of those events i want to say thanks to t foxborough cable who actually was very very helpful to us and and it will give special consideration of a special thanks at the end for specifically to the individuals who helped us with this but i just want to say thanks was my best idea to try and pull this together so it would give her credit for that and i think this is i hopefully will joy this is a first try doing this so so bear with us a little bit and but but i we all we both said after we finish this that this is really just the start we think we can do a have this project and brian and i kind of took it under our wing and i know i involved our class an officer is an even advisers and they were very supportive throughout the whole process so originally when we when we first got this go veterans and their families have truly define the character of this great nation we must attribute these qualities to the continental army who fought for our independence in seventeen seventy six the heroes of today who courageously into the call t arms without hesitation and every man or woman who was in jordan caring for roic acts for our country these principles what make the united states such an incredible place to live and raise a deputy fire chief lester good department of public works bill p library director mating late you got marshawn lynch in the backfield you got a guy that's been borderline unstoppable in this part of the field i can't believe the call and  were just the reason why i included al michaels at the end because al michaels was did that same announcement thirty five years later almost to the day when he did the the announcement of the hot game to the patriots game understand the process now going forth into the next year that will each month will sort of collect information and pictures so we put everybody on notice that you know if you see something take a picture of it give it to was some along to it and it will collect it for the money and video showing it next year and then this will be a piece of history and hopefully every year we can sit and look at what i liked about it was a sad stuff some of the stuff that you forget about like the blizzard that's right pops up in the mind again but it has a lot of achievements it's a town collectively  so it's all just a great great piece of information that will that be a link that people can get from we can certainly put on a website a link to a website that people can look at for the year review and get some ideas and when they can show i'm sure that once people see this they'll give us more