in a business known as christina's at seven forty five kevin pecos a town manager is going to discuss a little bit about the fine that was levied against national grid followed by discussion by the board in town manager on the goals and objectives for fiscal year thirteen we're going to discuss a gift acceptance policy for the town at a forty five and a fifty we're going to wrap it up with a discussion on the newly formed committee between the kraft organization in the town so on that note i'm going to ask joe garraty who's here today to lead us in the pledge of allegiance  are being recorded video on microphone for thank you for foxboro cable access so if you could just speak into the microphone so anyone here for citizens input and we just ask if you could introduce yourself for the record and the people  j dooley seventy five bridge road and also the owner of duly disposal services first off i want to start up i think thanking the board of selectmen and all of the residents are going great we have two brand new trucks on the road every single day service in the town and the residents up to this point we have had not one single complaint and things of that great but unfortunately that is not the reason why i'm here tonight two weeks ago should be for you and when i left here i was under the assumption that sound negative slanderous rights under both the by law as well as collective bargaining contracts i don't know what compilers are being complained against but if this board allows its forum to transgressed the rise of the employees by having their names mentioned what have allegations made publicly then we are creating liability for the time because those employees have rights now if there is an allegation disability argument with me he's already made it i've already addressed one allegation if he has another then the appropriate way to do it is not in a public board meeting and certainly not to this board it is to me the town manager who is the personal director on of the charter and i will most assuredly take the appropriate action but if we allow this to progress i'm afraid that we will cross some very very significant legal boundaries and i want the board to be aware that thank you with happy and said not one person's name will be mentioned it is not about that i am about just trying to make sure that i am treated with the respect that i truly believe that i deserve ok i understand it may be a legal issue if you could not name names and i am departures keep it in general terms absolutely and as we can hear short situation was going to be addressed yesterday problem it was brought to my attention by a citizen in town that three slanted seven senators remarks had been presented to her and that she had no problem that this person had no problem going on the record stating that this was done so with that with that being said first one was duly disposal does not recycle that is a false statement i am willing to provide the town with my recycle with slips and add them to the current provided with slips to help increase the overall tonnage for the town at a private meeting it was stated that foxboro is the number two in the state of the massachusetts in recycling my personal goal is to get us to be number one never to quote do we will not be able to service its customers another false statement we have the equipment the manpower and the office staff to serve every customer to the highest standards we have received zero complaints so far three quote do we will of course increase their prices next year yet another false statement i will state right now that i will not raise my prices for the next three years the prices will that i will not raise my prices the town's  the contract will go up over the next three years and you have me on record saying that i take a lot of pride in what i do and i think that there are been some people that have been very very professional about this and there are some people that have been extremely unprofessional about this and all i asking is that justice to take over here in not let this continue to happen because it's not fair to me it's not fair to my family and it's not unfair to the employees who work for me and that is all i'm going to say i do not want to spend my time coming up here every single tuesday in doing this in anybody who thinks that i do i'm sorry you're wrong i'm a very very busy person and this is the last thing that i want do so hopefully the right actions will be taken to fix this problem and that is all i'm here to say if anybody wants to personally call me and ask me you know where these statements are coming from  all that i'm unable to do right now and say who or what but i am more than happy to do it privately with anybody who wants to call me and i thank you all very much for my time and hopefully you guys will take care of the situation because from what i've heard i'm not the only person to see happen do and hopefully it's a net put it to an end and i feel that the people probably are the only people that can make that happen can you can you meet with kevin  spoke by phone after i took that action with those employees and assured him that i had taken care of that and asked him that if there was any repetition after i spoke to the employees to please call me i gave him my home phone my personal cell phone and of course time phone and asked him to call me personally if there's any repetition of the problem and i'm hoping based on the actions that i took that there won't be so when i did state that there was absolute i got a little bit off track in this is when this is the bottom and the reason why i'm here because we did have a very good conversation yesterday but unfortunately i am here because there are a lot of talent residents there with the lead in a direction to believe report as soon as possible apologizing to me for any misleading or untraditional it was said so interest statements and i also want to exploration what is going to be done to prevent this from happening going forward and you know kevin guaranteed me yesterday that this would not happen again so i'm not putting words in your mouth when you guarantee me that it won't happen again without saying it absolutely happen you are saying he won't happen again so could you please the board does something wrong i simply don't admit that and that is a fiduciary responsibility that i'm required to fulfill in the board members are required to fulfill what we do and what i will say is what i told you yesterday might help me out here a lot of help mr dooley actually showed me his recycling receipts from miller recycling i think it is right and i actually saw them and then in point of fact  observe those with respect to the other comments that were made i can either verify nor deny that they were made because number one they weren't made to me the party that you're somebody relayed some information to that same person related to me but i was not there it's hearsay from someone else i did approach the employees are involved i asked them they indicated that they had said certain things and i admonished them not to do it again my guarantee is not that they won't do it again because i can't control people get please that guarantee is that if any employee does that again disparages in any way or any other businessman in town then i will take the appropriate disciplinary action if it to give a just a couple quick updates on a few topics we meet every other week at the next meeting that we have in two weeks we're hoping to have the fire chief back here with some of the town staff to finalize the overtime and he said we started a few months ago and then hopefully that kicks into the police fire time analysis which we haven't started but it was falling behind me fight fire department overtime  analysis parking by a lot at the last town meeting the town passed a by law regarding parking on non business properties although it's primarily focused around north through those neighborhoods to the whole town i was hoping to have that resolved when i say resolved it was a committee that was formed they had several meetings to determine some type of an enforcement policy with the fight with the police chief in the building inspector that didn't happen for tonight's agenda for two reasons one reason his attorney general hasn't finalize their review and approval of the bylaws they've come back with a few comments and draft form and i think it will fly but the wordings tweaked a little bit in the second reason is the committee has asked to come to the meetings and participate submitted a letter with some suggestions and i don't think it's been fully vetted through the police chief in the building inspector so there was this a little bit i know we have a pre game on thursday night but hopefully we'll have this all resolved for the next meeting at seven ten we are on just about schedule is mr edge here maryland edge welcome if you want to come up here and if you could just introduce yourself  she came because she has some very nice things to say about me so i'm going to let her do that while i'm handing out my business cards and i'll be free i just want to let you know that marilyn has been an unpaid agent with the board of health for the past year now she's brought awareness of many different tobacco products and drug related products to the forefront of my board she has done many awareness presentations for our community for instance on june twenty six retails are now being asked to sell americans can talk further on that marilyn has also done presentations for network service provider meetings are safe meetings she's been involved with and also with the school system she's been to and several presentations marilyn keeps the board aware and has a finger on the pulse with a lot of the new innovative and sometimes dangerous products that are on the market today i read the board of the house thank her for all her hard work and dedication in working with the tobacco coalition in regards to the safety for our residents of our town thank you very much never that early hard was very impressed  polian said i i am an unpaid agent of your board of health i am an unpaid agent of all of the boards of health listed in that business card that i just handed out to you it's a state run program for tobacco control and it's paid for by its partner public health under the bureau of substance abuse so i work full time in which by no means means nine to five and i have a hard time inspector that works with me as well what the tobacco program entails is that i go to every tobacco committed establishment  in make sure that they're in compliance with all of the local town city in town regulations state law attorney general all of those things i make sure they have the appropriate sign age and if they don't have it i provide it to them free of charge i did work with them on product placement because tobacco products have to be placed in a certain area so they are not accessible  to self service displays no tobacco in the common or customers have to ask for or they have to back the products but i also am the person who does the compliance checks where i take sixteen and seventeen year olds to the stores where they go in with money i give them and they make attempts to purchase tobacco products if they are successful introducing a product without an id then i work with the boards of health and the around so that was pretty good i thought considering that hasn't been any tobacco control in foxboro in a long time this year this fiscal year because our money comes from the bureau of substance abuse they've added to many of the board of health programs and alcohol component and that's why i'm here today it's an alcohol education piece i have no one forced power at all on alcohol but there are three components to this year's my work plan and one of them is that i meet with all of the licensing board entities liquor licensing and all of the thirteen communities and introduce myself and tell them what the tobacco program is about the other one of the other components is that any time now that i have a sale of tobacco to a minor in an establishment that has any type of liquor whether it's on or off premise with the police departments and i have work i work on very closely with all of the chiefs of police departments on a lot of different programs not just about we because i'm in the stores in my inspectors in the stores more than the police or or the the board of health i notify when i find items that i know are against the law by mass general law ninety four c which is the drug paraphernalia law i notify the police departments and because it's a police department issue they take care of the enforcement whether they confiscate or or not that's up to the different each each police department does something different so and as polling said i do a lot of presentations and i've done a lot of them in foxborough on alternative tobacco products  and how the tobacco companies started marketing and targeting our kids middle school and high school kids the onset of tobacco in most cities and towns in massachusetts starts in the fifth grade so i work with middle school and high school faculty and staff bringing the products to them showing them what they are selling them the packaging so if they find if they find packages they know that someone is using a tobacco product that isn't the cigarette none of the new tobacco products on the market are cigarettes and they're all not only smokeless but they're spit less so when you make a year ago you would say smokeless tobacco and everybody thought of chewing tobacco in depth and that's no longer the case now we have working with dissolvable tobacco tablets that are packaged to look like mints we've got all the products all of these products are from candy an alcoholic beverage flavored they're all in very pretty shiny packaging that kids are attracted to and they're very cheap you can buy small cigars sometimes for two  dollars so i do those kinds of presentations and if you would like to see that presentation i'd be more than happy to come back and do it for you and in some future meeting you know takes anywhere from fifteen minutes to two thousand and eleven so we've done a whole a whole year of getting to know each other so late tonight we have national i doubt is that something that you're involved with till it isn't this year holy because i went  on july first of last year i went from working in seven communities to working at thirteen communities so i yeah visit i i used to be involved why i thank you for the things you do and you know i want to thank you also just curious when there is a compliance problem you know that there's no id that you're being asked to bring it to when it's in a situation that they serve alcohol you're being asked to bring that to the attention of the licensing board bill what action is taken by licensing boards as a result of that type of finding if it's information only ok and one of the reasons for that is that if you have an instance where you have a sale of alcohol to a minor if in your file a you also know that they've done they have had previous sales to minors on tobacco and it's an indication that that that's not their only problem but there is a variety of things there isn't i'm not asking for any action to be taken i don't think i have any legal right to ask it's just for your information thank you kind of under the radar marketing all these and they go into stores and i wasn't following it i had no clue you know took that back and look it was picked axe if a child goes in and tries to buy it i'm on under the impression they don't get fined or ticket it or they go away but it goes on the store owner right if it's a compliance check and if it's either done by myself or by the f d a the f d a also has a contract with the with massachusetts where they have inspectors going where and only and i don't even know where they're going so i don't know if they've been here or not if it's if it's just state sanctioned compliance check the students go into the store the only thing they have on them in their pockets is the money i've just given them to make the buy in their cell phone they don't have any idea is while it's everything is left in my car so and they are under contract with the state and they're trained by myself invites to other state employees that if everybody is supposed to have an id to buy tobacco unless you're look like you're over twenty seven and in some some stores they ask everybody anyway but the way the program works is a student goes and they ask for the tobacco product i've told them they need to ask for it's not always cigarettes they're supposed to be asked for an id if they're asked for an id they simply say i don't have it with me which is the truth they don't have it with them these kids are under contract not to lie if the store or then says to them how old are you they have to tell them the truth there's no conversation you know how old you think i am how old while look they don't do any of that they just simply sat on have it and if they say how old you they have to say how old they are and then it's up to the store personnel whether or not to make the sale i've had store personnel in other communities not in foxborough but actually in somerset said to one of my kids how old are you when he said i'm seventeen and the store owner sa close enough and sold them the cigarettes things like that happen all the time but those are the people that work for you right go in there but an average eighth grader that goes into the store to buy it and gets turned away and for minors under eighteen to possess tobacco now in the other communities it's illegal for anyone to possess tobacco on school grounds but that's the only place ok so if your fourteen year old son went to the corner store and asked for tobacco products and was successful in buying it because the clerk knew him or whatever there is no penalty for the student if the town does not have a use possession regulation so if they did have if you did have a youth possession regulation then the police or any agent of the board of health who witnessed that sale or who even saw the kid walking on the streets we're going to say has the legal right to stop them confiscate their cigarettes call a parent find out where they bought the cigarettes and if they can if the information is voluntarily given the police department can then you should take a look at issue a ticket but in massachusetts unless you have that you possession regulation it's not illegal for kids to attempt and it's not illegal for them to purchase and it's not illegal for them to smoke because it's illegal for them to be sold to that's how the law is written and in massachusetts it's not illegal for parents and guardians to purchase tobacco products for their own children thanks seven twenty we have the public hearing that was continued if the applicant wants to come up with counsel to the table in the range you want to read the legal notice at so that everyone knows we two weeks ago we had a hearing there's a lot of information that was presented a lot of it we went over some of it we didn't and i think it was the board's decision that was kind of messy and we gave  two weeks to get together and try to work something out just in summary it seemed like there was the application to transfer a liquor license and we weren't sure if the liquor license was actually valid whose names were on it who had  issues with it and we had a lot of correspondence and even just this evening we got more correspondence right before the meeting started so i haven't spoken to really any of you guys since the last hope and you came back with some type of clarity or you can take action for violation of the license but you really couldn't take i'd give notice on that about a hearing on any other than that the applications in order i think the application for you is now correct license there is no consideration there's no payment to my guitar for his staying on as manager like yours is continue to manage the license until the transfer takes place simply to keep the business going there is no ongoing relationship he is not benefitting by one of the points raised by the board at the last meeting was that there was a concern that you know this there's been some in spite of you know potential violations of his that is not the case no one is benefiting here this is a lose lose situation for these functions are going going operations there are at a loss you see on the last page there of the amended sections sixteen and seventeen of the application and itemization of the life bill is that mr fine examples of voluntarily stepped up and paid in the last page is a list of all the deposits that he has authored two functions made by the commitments made by the fire management he did not have to do this but that number right now is twenty three thousand dollars and it's growing every day as people agree on that so that that's what that means is these people are still going to have their function those are the ones who have had their functions have the functionally the ok and have already had them and then there are some i don't have a list of how many are still planning on coming it's difficult to know that was what that number is i just didn't understand it is so discount means you know yes we gave you divorce for five thousand dollars o we'll take five thousand dollars off the cost of the water that costs so much on a portion of percentage of that that's what's keeping that keep the business go the best result i think for this board night is to transfer a slice in two and the current management's mismanagement of his life and they are not getting any benefit from this transfer and that will allow this business to continue to allow the continuation of functions and promises made to the general public and i think in the public's interest it's in the town's best interest is to keep transfer this license immediately out of the prior management and into a more responsible operator who has a forty year track record with the time and will continue to employ people in town create tax revenue  thank you and i think we want to talk amongst yourselves as questions and then open up to the public because i know there was some correspondence that those people in the public  indicated a willingness to remit payment to the town although it's not his obligation and if council indicates that continues to be an agreement the amount is nine thousand three hundred seventy six dollars and forty cents mr pedagog horses liability i also don't think it's the taxpayers because this is the product of a dispute between the parties and the tile should receive wriggle pence for that i don't think it's a large amount of money  strong standing or potations and i would hope it would be the case of god is not in any way diminished by anything that's been sort of representative these proceedings are that it's important for them to be clear i also had the opportunity to wonderful reputation as a business owner and he was an extraordinarily responsible operator level at the license and he is as fine a gentleman as i've had the privilege of meeting in my life so is lewis explained to the license are the is the premises proper promises on which to operate and if you're finding is yes and the paperwork council has indicated it is appropriate then there are no grounds to deny it this is it's pretty much a simple design and if i mis were representing your words a little please correct me and unfortunately there are a lot of other issues out there swirling around but those are not issues that really the town can allow itself to become party to and that's very unfortunate because you'd like to think that you could somehow in jug some subtle manner just as here but you can't it's not the board pro license is valid to you take action against the license licenses don't become valid because they do something wrong you have to take action to either i think as the holder of the license met all the obligations from the state perspective in the town perspective to meet the requirements of the existing license in other words we transferring a license that doesn't have merit how do we do that you license before you as a valid license you can transfer it may be in violation but that's what it is so if the existing license is in violation it would be other words you could allege a bias they have a hearing they can just try and defend what happened violation that they transferred ownership  true potential violations they transferred the stark changed officers in direct conflict have to do without permission of the boy that will point out it's a violation but at least  the persons who are at least one of the people who was moved in was already originally in the corporation he was a minor feel holder i think inception became a fifty percent sh yet so i've seen worst case where total strangers have taken over without a license and the and the owners of what that's pretty serious because you have no clue who these people are at least in this they'll money to the town so they were asked to transfer an existing license when they owe money to the town and this is not the first time we've had this discussion last year with water bills we were assured that the water bills were going to be paid transfer the license is contingent upon a bit of all or why hasn't the money been paid when it's owed to the town to even get to this table when it when it's in arrears the police the water all that stuff  cancel that license my guess is you would never get it it would be coming back to the town and then it would have to be reissued and then whoever the new owner was would have no obligation to pay you can make a one of the things i explored a little hard because we wanted to be able to put this in front of the board if you were interested in this option is if you somehow wanted to clarify ownership of the c license and or send a message to license holders would you know the board does not like what they did i e operating in a vertical your manner i e failing to divulge to the board who the ownership is potentially who the manager is one option would be to not approve this transfer application then schedule a show cause hearing to revoke the current license and then you'd have to go through findings and i believe we would lose that is that you can do that problem is all those folks that are helped there right now to two problems number one is our ninety three hundred and one thousand and seventy six dollars that are all the types payers probably we could not get it from a new license applicant because it's been just no way you could require that secondarily all those folks that are out there right now with the positive expecting to have their weddings there at this facility would be thrown into chaos limbo because who would be the new license holder other deposits with the old business valid or not i mean it would be very unfortunate for completely innocent parties like the young men and women who you know can have their way and it's it would just be tragic so as much as that is a possibility and i know the board as i've spoken with  holding i mean we went through those scenarios and couldn't come up with a way to put that option in front of you in any way that we thought was responsible and where this is a public hearing is there anyone from the audience that wanted to get some input if you can come to the microphone and again just introduce yourself for the record already how much money is put into this and i'm sure mr touchett could talk about that as well and we are not here to bash anybody else we're here to tell you that we felt that nothing has changed in two weeks since we were here before when this board sent back  through its time insurance through this this board to each of us to charge to go back and work it out and come back and cure it the right way by applying and fixing the amended version of the application to show a true reflection of the corporate structure the way it was and then transfer in cooperation with this but accomplish this license that's what we were asked to do that's what we tried to do for two weeks and we were met with roadblocks every time every day we had as on that building for a long time he does not we cannot force him to do a lease with us but we relied on our conversations and our back and forth to go she ages up through may to continue there for a long time and to  our obligations which would have been to buy mr and touch on that company and to move forward as the principal on this in a long term agreement with the pentagon was that did not happen for whatever reason on june first in the court agreement that is cited in those papers a mandated quote agreement between the parties which i signed on behalf of n p a corp it was said that all parties shall come to an agreement on the liquor license transfer or that license will revert to the town on august first and that was brought up i think the last hearing and that did not happen on august first we have not agreed to the transfer of look at places we're asking the board to deny the application one of the reasons is because we never had any part of the application we were not consulted we had to come to town hall and get a copy of that application ourselves from the town manager's office because we had no idea what was in that application we have reputations we would like to be in this business somewhere down the road it may not ever be in foxborough frankly and it's going take us a long time to recover from this financially but we don't wan cooperate every step along the way with every court to create as well as everything that we could possibly do to make this as painless when our employees and our depositors brides and grooms a mitzvahs so on that's what we done the entire time and we're just saying to you that we think we believe now there's a new amended version of the application if they're going to the two thousand amended version of the two thousand and original corporate structure then we have an affidavit from the original corporate partner mr nasa's who has also not been consulted in any way shape or form about this application process we also we feel strongly that going forward we wish nothing but the best for the price and grooms of the people who have that event just to washington street and we hope it goes on well but we have e mails from this morning from brides who have still been told their event will not happen without them positing again or making further payments again now i'm not sure where that's coming from we don't know if that we still in the bride step but that's people we have directed because we have been trying to respond to everyone so we're asking for your consideration tonight to please send a message that you don't have to get involved in the corporate structure of a of a such a private company we understand  and we apologize to you to the police chief to the people of foxboro that we've kind of got into this mess and we have to take some responsibility for that we do but to be to be honest with y every one of us has played a role in that and all you can do as a board is to look at the current license the current application whatever that may be today and say is it is it on a stick and truthful and do we have everything we need to to rule on this failure in terms of transfer and we're not out here to hurt anybody but we're here to protect our names and reputations as well thank you anyone else most of  and have spent the last twelve years at christopher side working to do great work i think i would only add one thing for your consideration tonight it's true as you've all said that you can't get involved in the corporate entities and what they want what they don't want what they have purchased what they have invested but what i ask the board to do is to take as i know you do the role as the licensing of the governing board very seriously and we feel as though as fifty percent owners who have been there for twelve years and have paid happily millions of dollars in taxes and have paid happily lots of money to mr panic office for that beautiful building and have invested millions of dollars in making that building even more beautiful we honor and get a hold of for one minute we have just had to change the tape all that emotion by our partners and those that we've worked with and the parties that are here a license to serve liquor alcohol beer and wine is so precious and so important and so valuable for it to be treated as though well i don't know who won't it you know we do know who owned it we were there first was one of the original partners we have an affidavit from the other original partner other than mr in touch and together they represent far more than fifty percent and we know who owns it now chris and i are fifty percent partners not just where the equity we took every dime that we've got in the world and borrowed against our home to purchase those shares and to not be consulted or respected and yet to somehow have to answer to those brides and grooms that's who they call their call and now we're the ones that they looked at across the table we're the ones that help them with the menus and we're the ones that feel so responsible and it just wouldn't be right it's just not right it can be cured it should have been cured you were so right two weeks ago these attorneys are smart they can do this with us and with our attorney and straighten it out make it right make it clean i'm a law school dropout but i know this the clean hands whole function is to have our community and to have everyone that works in it and all of the people that we employ and all of the business that we do with the town and with the state to have clean hands and this transaction is very very very tarnished and we don't want our names to be associated with the passage of this application and tonight's application i would like to end by asking for a copy of it because we weren't even provided the courtesy of a copy of what i understand is now the third application for transfer i don't know who's on it i don't know who you're saying  owners are i don't know what you're representing to be the liability so what their promise is they are particularly promises either to our former employees or to those who contracted with christin events i think mr chairman with all due respect we deserve to see a copy of that so that we know and i can show a bright you know what mr panic goblets is going to take your deposit and this time he means it thank you thank you and just for the record everything that's submitted to us is public record so there's no copies available before he leaves and you can take a co their own speech just no i have to ask you what was so amusing to you i saw snickers i saw smiles and giggles why regardless so let's just put it off as nervousness i thought i was looking past and i didn't see it so it's a it's an uncomfortable situation so  issue go back straighten this out amongst yourselves get this all taken care of and then come back and you know deal i see that it's been straightened out i know we have no jurisdiction on the other i just think i just want to make sure that that's what we had asked for i believe is that we go from the you know what when we are transferring from what we believe and you know it's clean to s my biggest concern was it was not a valid license and you're telling me on the record that it is valid the seller to take action but my feeling is if we took action on it wouldn't be valid much longer so that doesn't give me a lot of comfort i was really hoping that everyone would be whole coming in here and give it a good effort and i'm here and that the it's too complicated to figure out the past brides in the future brides and in the end even to pay the police detail which has been on the books for quite a while and already started the process with a police chief's time so in two weeks i'm a little disappointed that you know that this market will come together and say we're going to bite the bullet it's a business decision we're going to go the extra mile and pay the police detail reach out to the past brides which is an extremely emotional time for them whoever i see high school you know parties and all this stuff and to say well it's such a mess we're going to forget what happened in the past it's kind of messy but we're going to move forward when i know this people that are responsible for this still on the license and not at this meeting and if you're asking a lot from this board who has to deal with all the other little licenses have been here for a long time plus a dozen i just got here with patriots place to say well it was a nice try and we'll get you on the next time and this is not the first time the bills haven't been paid in and it's the this is no fan he stay out the family or night to protect the people who are going to war and you said don't pay for about six seven months no pay or the son you have the details know i just want to say to everybody you know i think this is really so difficult for us because of all the background problems that are going on here but i think really my expectation was that from a legal perspective that the town be safeguarded from any concern in terms of asking that question can we transfer this license legally ok so i think the understanding or i understand that we are in the best place we could possibly be in terms of any transfer i guess could be questioned that  way you know i feel comfortable that at least our attorney has found that answer that i was hoping we would hear by today that was one thing and i you know i think  the idea of to me transferring the license i think we i would vote in favor of it because i want to make sure that business can continue and that all of those impending parties could be addressed so that people are able to have all their special events honored so and i'm concerned if we hold this up that that jeopardizes them even more i'm not sure you had mentioned lou about potentially having it contingent that there be the requirement it's a loser proof that the motion say that all deposits be honored to the extent they are reported to mr pena godless and further that if they are not honored and this board becomes aware of that that can potentially be grounds for revocation hearing a later date that makes it pretty clear what's at stake here or there's another option to give it a second try and come back in two weeks that way it had the opportunity to sit facing face saying you haven't seen the list i don't know how they can say they'll honor it and if you say it's a lot worse and there had the opportunity and they haven't honor it to send a both off and hoping for the best and then get us involved after the fact to try to revoke something is a complete waste of time life so if you know the other options either say yes we say no we say two mo know you know one of the ladies who was on the cell dispute which may take substantially longer and i understand that the fact that the civil dispute information is in our packet and it's being brought up because now i don't know a place now i am ready come seventeen design to make steak house there the rest but if you not have all this information for the last vision i can spend money because things to direct a board whatever we decide here is going to set case presents for the next situation there is one like this so the boy does grant is transfer it'd be pretty unlikely that if you  sees know when we get our licenses into somebody and we sign them off and it says linda walsh is the manager and while should be the manager until you come in front of me in march and say well now it's mark sullivan whatever it is you know it's very clear i don't know what happened yes something i've been in transit somewhere and i don't know obviously does there's a lot of history here but all we can do right now is going forward it forward with what our attorney has suggested to us and mississippi and you know  i agree with everything you said linda except when you said that you know it's our responsibility to make sure the managers love manager it's you know when they get the license it's their responsibility to make the application pay that it is but when we're looking at them get just one second unless you go into all the different managers and all the different restaurants when the applications in front of us you assume that they took the time to write to to do it right or if they change it they would notify us so it's not our job to go to all the  so we have to do that but i'm just saying that you know this is a heads up because and i thought this would happen i would assume that if you are a license holder and you have a new manager he'd be proud of not to bring him up to us and say this is manager it happens on a monthly basis you know all the other licensees come up and say that we don't have to have it be a big hearing about it we just you know transfer it not the it's up but the new manager and i think that sandra and i and the girls in the office you know every december they go through this you know so can we ask just as part of the license packet we get a i'm a recent conversation actually it wasn't recent it was a couple years ago a conversation that i had with attorney cally at the a b c c when i had a great concern because we had a manager who was fired so there was no manager on site so my concern was you know they hadn't chosen a manager they hadn't come forward with the paperwork yet and he told me at that time that the a b c c doesn't really hold that much stock in a manager because there's a corporate own or it's the corporate owner that ultimately is responsible they're the responsible party the manager is on site to make sure the day to day operations that liquor sales you know that the the lara's complied with in that way but ultimately it's the owner who is responsible so you know i'm going through this right now with another  you know i'm going through a manager change the manager who was there is not there we don't always know who's on site you know some of these manager names like mr and tosha i mean at the time he's always been manager i went through the paperwork he's been the manager he's been the manager of record was he on site twenty four seven no but you know what i don't know how you enforce that completely either that's a tough thing but the a b c c doesn't hold you know we  foxboro because of your very strong commitment to enforcing the liquor license regulations that's the person you do hold responsible but the a b c c doesn't look at it quite the same way it's the corporate it's the corporation who they hold responsible so i hope that helps you a very good point that's think that's what's been done you know it's time well it's what it's who applied originally that's the paperwork we have that's the legal paperwork that was filed with us anything else was never filed with us i mean how do you look at you know how do you look at something as being like legal when it has men filed you know you can only go by the original paper or original paperwork was fine the corporation this corporation changed over time so it's not the manager that we're having the issue  people that never transferred a license to make them show themselves as a shareholder in the corporation i've no legal claim in front of us because that's not the paperwork supplied to us so in m j holding court to doing it in cooperation with the conditions of police details paid up to date at this point in time unpaid bills of nine thousand three hundred seventy six dollars forty cents just relax tired thank you and thank you for the five minute break we all said given next item on the agenda is to talk about the national grid any generals  of the money is so here's what we've learned through representative barrels number one that fine is not yet finalized because it is appealable to d p you and national grid has appealed it or one else they plan to views here it sustains the fine the second question we've been asked is will any money come back to individual consumers we don't know the answer to that yet again that will be a feature of d p you there's also legislative effort to cause part of that fine or all of the to be shared with homeowners third question is the town going to get any money to reconvince if we got seventy five percent of our cost covered to the disaster declaration of a twenty five percent we had to pay ourselves and again as a legislative effort to give the town its twenty five percent back it was what's that was a total cost of the time roughly  payers and it's going to be just as the attorney just said you know all those things for everybody well i hope that i know through jake represented barrels as an awareness of the legislature the people that it cost money with the individual consumers in the cities and towns and so why should the state commonwealth why should the commonwealth treasury get all the money of the fine is sustained which basically means there was a a wealth transfer between homeowners and towns to the state because they got the finest out of all of us getting it so i think there's some awareness that equity demands that the homeowners get some of that to recontest them in the town to get back what they have to shell out for the taxpayers you're in an airline and you sitting on the tarmac for three hours it's an inconvenience and now with the new legislation there you get it back immediately on the ticket price or your credit card i think that's what they're lobbying the legislation is if you're out for the legislation thinks it should be a three hour storm and you're out six hours of the electricity you get that immediately back on your bill and it says line item extra three days so i think that's what they're fighting for now but i don't know if it's going to get there but and on the same note i now that it's all over we had two storms the irene and the october storm and i guess just the public reach out to all the people that stepped up time workers police fire volunteers even the selectmen with all our emergency ten or twelve meetings it could've been a lot worse the bright side is the relationship that we have with national grid is a lot stronger than it was before you know if the electricity is out for a couple minutes we're getting e mails were telling the telling us why it's good it's out and why not help yeah why tell but the communication which was one of the two reasons that the fines were so high communication and staffing they've seen the trucks and the efforts to fox gh so that that's the silver lining i guess next on the item is next on the agenda sorry the fiscal year thirteen goals and objectives and i can describe it but i think lorraine you put this kevan responsibilities this list that we have now are strictly the town manager goals and objectives and then kevin has taken it and expanded these to add certain actions to them which he sent to us by email so i think kevin you would mention there were a couple of questions there were a couple of what i try to do is take the board goal and an expression into steps that would make it more concrete for me in terms of what i needed to get done and make sure that you're happy with those steps this is what you want a couple of them or a little fuzzy and i thought might have duplicated other things so i did a little blending a lot the last one i was i really don't understand this one and so you see i put i just put a question mark there because i kind of struggled my number twenty one so i kind of need and i turned it into another document ok that's work and that may lead to some amendments here so what i had suggested in them in the memo is if you are going to do anything with this tonight you do it is sort of a first reading allow me the opportunity to amend it these are the comments from the department heads and bring it back to you a second time with any changes clearly delineated and so since it's not here this is real simple we have put it on the agenda next time and then if you could think about when you see it number twenty one what that means because i you know you know get it done for i think it's going to jenny had put this  had to do with just the processing of you know application for certain events i don't know if there was a rushed one and it was time to get an e mail and i went there is a day for a saturday event y information that it's legitimate it happened then frankly it happened more often than you know because we should stop it here but it does i wouldn't invite i wouldn't counsel the board you know to be overbearing on it because they really do make a good faith effort to get the man and it really is typically clearly a mistake miss miscommunication their counsel doesn't get something  weeks you'll get the department heads you get a good updated lenny update yeah and i would encourage the board members if you all have comments and you want to give them to me before the next meeting you know with my fears any more editing i can get as much editing done before the meeting as poss good look at it we had a an item on here on gift acceptance policy and this is something that has been kicking around for a while i don't know what kevin's going to say but from but i have my experiences know you look at gift horse in the mouth someone's offering you a thousand dollars for a program does it come with strings are going to cost us the next year to implement it so that it has been kind of kicking around who says yes how does it get to the borders of embedded out so with that is that where you had in mind all i've got mine is this right now fire board policy because this is a delegation of you authority in massachusetts statute really only authority that has the ability to accept gifts but you've delegated the manager except up to one hundred dollars so i get their stuff i must sign through for these a week do you want to increase the limit so that there aren't as many appearing on your agenda or is there something he would join doing i'm t going into i think element i think this is the first time that you've been at the table formally had water and sewer and planning board and decided that it would be a good thing to put a committee together to work with the craft organisation on some of the merits of what they want to do and how it works with what foxborough wants to do so  reach i reached out to the chairman of the water and sewer in the planning board they had independent meetings they recommended kevin wine feld bill early kevin from planning bill really from water and sewer we recommended lender and then we have a dave brown who's an at large member representing the citizens not an elected official to work on a committee we've had several meetings but at this meeting we have to actually formally appoint them so there's a motion that we put together for that but before we do that i thought dick had gone to the last meeting and he maybe you can summarize what you think the committee's goals and objectives are from what you're hearing and we've got to have that discussion  accept what they're asking for i don't think the committee ought to be a negotiating committee it's created should learn from the patriots it should be a public body and all that that entails which means to the water and so a commissioner has when and if there's something before the planning board at that time it should report to the playing board playboy can doesn't hold general sessions are always acting with regard to a particular application and it's and it's good kevin so far and it's inappropriate for them to take information outside of an application hearing process that i don't think it's necessary to  have counsel out at these sessions that because they're not going to be negotiating sessions i don't know what we want out i mean i think we've had something but i don't really think it's necessary to try something comes up on for a scene and you need counsel we can we can do that out i think linda that the executive session that we did have i think it's an appropriate i get next meeting friday night to release executive session so that's a question that related to elisa negotiations highly appropriate for executive session but the reason that i can't ask i didn't know the answer the reason you can't ask information is because if you had taken a position there's no way to disclose that publicly without telling the kraft organization and there goes your bike any ability and that's that's the problem and then the public should understand  that there's a lot of times that we'd like to be able to disclose everything but if there is some we could find a way to exclude certain parts of the public that is the organisation with whom you negotiating would be great but you can't do that  the other issue on the on the open meeting law and just so you know it's not anything that you need to decide tonight but the  in private it doesn't on its face may have us in the in the municipal law field see that as a defect in two thousand and applies in the public documents situation that is a communication from a lawyer to a client is his privilege that means that if it's private and the lawyer cannot disclose it absent the client's the sun and in that case the supreme court i thought was very clear in saying that it's an ancient privileges and it's it and if anybody's going to rescind it they need to do so privileges and i laurie think that the court would say that the attorney client privilege is alive and well but it hasn't said and hasn't been asked the attorney general's office is split on the issue just something to ponder we're not there yet we may may not get there but it but it is you and is an issue before us so to summarize i don't think we need to be lawyers i think that the committee should be a is a public body i think it is whether you say it is and i'm here for all of the meetings should be open it's ok to release the minutes from before we talked about on friday night and when you have all your information to report back or you can do a periodic lead to get to this because i'm always all about openness and when he went into executive session i don't think he was ready for what hit him and i think it was all good intentions but you know foxboro you know between the school committee dealing with that a couple years ago in the casino in and all the stuff i think people are very sensitive so and we started this committee we said the only way we want to do it is if it's one hundred percent open even if we didn't have to we were going to do it as a secretary is meeting minutes and everybody's invited so when you walked into that would have been nice to have that background but after the fact now so so we did prepare that in a given it to either lorraine a mark to read because i don't think you can read a motion to appoint yourself as chairman i can't so you can't read i linda's name is also on this right linda waltz of the board of selectmen and resident dave brown to serve on a public advisory committee to meet with representatives of the craft organization to discuss potential opportunities that may serve the town of foxborough as well as assess their development needs mr wind fell mr early and miss walsh are to serve in their respective capacities as members of the boards they represent the committee shall be a public body and their meeting shall be open to the public the committee shall report back to the board of selectmen and to the board of water and sewer commissioners its findings and recommendations when and if there is a matter before the planning board relating to these recommendations the committee shall at that time report to the planning board and i go second ok motion made second to second and more discussion i was in favor the motion i was opposed you know abstaining staying two six eight eight twenty three b three i do this to dispel the appearance of a conflict of interests i am currently a selectman here in town and most recently have been asked to sit and i had a committee to begin discussions day for a couple years and i am currently a member of the fox was jaycee's i am proud of being involved with many what is asians in town and i have never let my membership cloud a judgment of any individual or organization who has come before this board slackman there have been many times that the craft organization as well as many other commercial entities have supported each of these groups whether in a donation of a gift to be the do little action or a football to be raffled off during father's day i'd like to ensure that the time that any vote that i have taken while at my seat at the border slackman has been made after i completed my research based purely on facts and what will be best for the time taking into account these facts i feel that i can perform my official duties objective blame failing thank you for the disclosure and there's a that you really get to dig dig deep and think of what possibly you could be under the microscope for because your might be doing a great thing for an organization but  you could be subjecting yourself to a conflict of interest and you know it's very unfortunate most of our boards are made up of people who are soccer coaches baseball many of the one is asians as well as our establishments in town that donate things so just you really get to dig deep and look for it you know i have been accused of not being chargers and i think linda will attest that this will be helpful as you go forward because there's been some concerns i did want to mention to the board we had an offer from the craft organization to reimburse the town up to ten thousand dollars for legal and or clerical expenses involved with assistance that we may need as we continue to hold these discussions unless otherwise directed by the board intention would be to accept that money whether they want to make a lump sum they want to make it a reimbursement i want it to be clear also that my intention would be that it's a reimbursement to the town our employment of town council is in no way prejudiced or perjured in any way any more than tonight we had a liquor license applicant agree for the board's condition to pay the costs of our counsel to go through those proceedings because it was unusual and the taxpayer shouldn't always have to bear the burden of unusual expense so i wanted that to be i know there's been some discussion i'm out of there's been some concern in the community and i think any time that's out there get right out here publicly get it right on the table if there's a problem let me know because i think linda need some guidance she's asked me should we accept that my answer is yes but if you say no policy if the manager authorizes or all the board votes and so i want to be so dick doesn't get blindsided the vats the way that's the way the policy is structured that's the way it has to be so that  people understand that there is not an independent outside tasking of town councils time just because we're getting reimbursed that it's still being controlled by the town and there's been some questions i feel that in the last couple days about that which is you know who's directing town councils time is the town of foxborough there's directing our time and i want that to be absolutely clear the public but that's the way that is and so that would include you know whether dick attends those meetings or not that's something that in this latest case to last friday night i had some concerns expression with the chairman we work those concerns out the content of meeting always great and i think as we go forward that's the model we'll continue to use i want to get that out for the public hears out because there was quite a bit of discussion about it both friday night and  days yesterday thank you question the ten thousand dollar figures that what the craft organization has offered to the time when they receive the offer i didn't say i believe it was up to ten thousand dollars which i did kind of figure out about how mean means it would take and you know how much time it would be the yeah as well try to incorporate is to build a town from the time i spend on it i will identify it as being related to these issues so that you can choose to seek reimbursement are not up to you so it's relatively simple i think kevin were clear that the use of my time on this matter has been authorized you know the you know the only other thing you know if here's my question if the amount that is invoiced for for dick doesn't come up that ten thousand i know we have significant other legal bills related to the same topic from prior town council  shouldn't really true be submitting invoices for you no one comes to a point where dick's work is potentially done related to this group should we be submitting for that because it's the students or the short answer is no i don't and a reason is this i think the hope is we've gone through a difficult period of time in our relationship with graft or decision everyone knows that and i think the hope is that we've got an opportunity to try to restructure regroup make the relationship improve it learn from the past strengthen it moving forward and has a real hope that there's a business mutually beneficial business opportunities here that we can go forward that don't include casinos but don't put a lot of other good things potentially and in as the committee tries to discern what those opportunities are that work for the town and communicate that to the craft organization to let them discern is  enough to to do some things they'd like to do there's going to be a need for legal counsel to try to enter into some and answer some questions and certainly you know when linda reports back to this board kevin reports back to the planning board bill pushed back water sewer commission there's going to be some additional questions are going to arise or you know require legal counsel and i think what they're saying to us is look we're making this offer and it's a generous one so that to the extent we can assist the town with this gift and make the book you know there's a chance these negotiations may not produce a result and so what they're saying to us is the taxpayers are not to bear the burden of that this is mutually beneficial and here's a sign of good faith that we really want this to work we really want something to happen and so i would encourage the board and i think jim  night we could spend a lot of time on the past and that's not going to help us we need to look forward and this is a way to look forward and so i would encourage the board to accept the gift and i would also say that i think it is generous and i'm very very hopeful that this round of discussions is going to produce a real value for both parties at the end of the day the town ain't going anywhere and they're not going anywhere and they are our biggest business partner and that's the reality and i have to make this work ok other than i would hesitate determine as a conflict of interest and i've got to make that same disclosure i want to bob color and he was out today and i will be felt following a form and i actually did go back to the tapes and i've spent extensive time at one of the meetings disclosing as far as the crafters ation that i actually supported a casino funny i don't remember that ever saying that or i don't know where these people get these things but at any rate you are all tied for somebody and i would encourage the board in your motion of approval if if you intend to do that to include the words not for display that way you make it clear that there was a going to be used car lot suddenly popping up somewhere th strictly for transport if you make that motion that would not show up on the license brand class two that we're signing it would be in the meeting minutes only i'm so i think we make a motion for not for display it's not a markup that we put on this license that's in front of us to sign yes it actually goes on the face of the license so we would hand write it on what we're going to sign if you can do that you know and the reason it's important second second by lorraine and what discussion all those in favor records show for the nothing for four to zero second action item request to hold the muscular dystrophy association problem with it he just wanted the message that there would be no drinking on the public way so i called the individual and suggested they'd call chief directly to hear that from to approve the request to block off conny drive at carmen avenue linda street for a neighborhood block party on saturday august eleventh from one to nine p m a motion made by a range seconded by mark any more discussion of those in favor or to nothing but to zero oh i didn't realize you were here we would've brought you up earlier last but not least on the fourth thank you i appeared before you two weeks ago with my chairman and a member of my forward to discuss a number of issues one of which was adoption of the housing production plan you recommended well you instructed us to have the planning board review it and consider it as adoption and to let you know what had happened with that regard so they reviewed the plan they made sure that all the comments at the joint board meeting of june the twenty eighth the trust trust yeah well we we need to go to town meeting to set up the affordable housing municipal fordable housing trust so and then jim gets to name it yes name the committee members so that's clearly something that will be discussed while the town meeting articles being contemplated so we'll work closely with jim to think about whether it's exhibition those are citizens or combination