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• November 23, 2010 Meeting Agenda
• MInutes 11-23-2010
• An high quality archived version of this meeting is also available on Archive.org

SELECTMEN’S MEETING MINUTES
November 23, 2010
Members Present: Lynda Walsh, Chairman
James J. DeVellis, Clerk
Lorraine Brue

Others Present: Kevin Paicos, Town Manager
Police Chief O’Leary
Susan Thibedeau, Animal Control Officer
Vasillos Papadopoulos, 24 Washington Street Trust

The meeting was brought to order at 7:00 p.m. by Lynda Walsh,
Chairman.

7:00 – Citizens’ Input – No one present for Citizens’ Input..
7:05 – Public Hearing – Permanent Restraining Order – Sue Thibedeau,
Animal Control Officer, was present to discuss the on-going issues with Juliette
Wang-Coombs relative to a permanent restraining order on her dogs. Sue
Thibedeau noted that neither Juliette Wang- Coombs nor Anthony Costa of 23
Dassance Drive were present at this hearing. On November 23rd a call was
received by Sue Thibedeau from Anthony Costa asking to reschedule the
hearing and asking for information regarding an appeal process. The German
Shepherd Dog, Kaisser, is currently in custody by Foxborough Animal Control at
the Mansfield Animal Shelter at the owner’s expense.

A lengthy discussion ensued. Sue Thibedeau reported there have been
six violations since July 16, 2010. Conditions imposed by a letter from the Town
Administrator dated July 15, 2010 have not been adhered to by the owners of the
dogs. The Invisible Fence Company stopped working about half way through the
14 training days as the dogs proved to be unmanageable and the owners were
not working with the trainers. The two-way collars for the dogs have not been
used. The gates on the perimeter fence are difficult to close or are not kept shut.
The dogs continue to roam and are very aggressive or attack other dogs in the
neighborhood. Richard Golemme, 20 Dassence Drive, said the dogs are out
constantly and display aggressive behavior when he or his wife is walking their
dog on their own property. They are not able to use their own property without
worry about being attacked by these dogs. He pointed out that even if these
dogs are taken away, the owners would just get other dogs. He said the owners
of these dogs have never exercised any control over the dogs.

Sue Thibedeau recommended that the German Shepherd dogs named
Zeus and Porcha be removed from the property of Juliette Wang, 23 Dassance
Drive, and, including Kaisser, would not be allowed in the Town of Foxborough
and that the owner, Juliette Wang must notify the Foxborough Animal Control
Officer of the whereabouts of the dogs and notify the Animal Control Officer of 56
the town where the dogs are placed within 24 hours. Some discussion was held
relative to the authority of the BOS to act under State statute. Chief O’Leary said
he would research on the potential of criminal harassment on the part of the
owners continuing to fail to control their animals. He will be in contact with Sue
Thibedeau.

Motion by Lorraine Brue to close the Public Hearing. Seconded by Jim
DeVellis. Vote: 3-0-0

Motion by Jim DeVellis – After review of the material submitted this
evening and the testimony heard, giving evidence to the failure of the Permanent
Restraining Order, all dogs at the Wang-Coombs property shall be removed as
expeditiously as possible to the satisfaction of the Foxborough Animal Control
Officer, Susan Thibedeau. Seconded by Lorraine Brue. Vote: 3-0-0

7:30 – Public Hearing – Class 2 Auto License – Vasilios Papadopoulos was
present seeking approval of an application for a Class 2 Auto License for 24
Washington Street Trust. Kevin Paicos explained that a Class 2 Auto License to
Buy, Sell, Exchange or Assemble Second Hand Motor Vehicles or Parts there of
first requires a Special Permit from the Zoning Board of Appeals and therefore no
action by the Board could be taken at this time. Also the applicant must obtain
multiple variances from the Planning Board. He advised the applicant to first go
to the Building Commissioner for assistance in the special permit process. Kevin
explained that at present there is no review procedure in place for review by the
various boards and/or departments. He will work on a policy for the BOS.
7:40 – Goals and Objectives – Lorraine Brue asked that this discussion be
tabled until all members of the Board are present.

ACTION:
Minutes – The Minutes of the Board of Selectmen’s Meeting of November
9, 2010 were put on hold until the next meeting when all members of the Board
would be present.

Legal Invoices – Received from Labor Council an invoice in the amount of
$8,833.75 A brief discussion was held.

Motion by Lorraine Brue to approve the Invoice from Collins, Loughran &
Peloquin, P.C. in the amount of $8,833.75 for legal services rendered September
1, 2010 through October 31, 2010. Seconded by Jim DeVellis Vote: 3-0-0

Received from Deutsch/Williams, Town Council, an Invoice in the amount
of $1,205.14 for legal services rendered in October 2010. A brief discussion was
held regarding how the invoice is submitted, description of charges and what is
or is not covered under the retainer fee.

Motion by Lorraine Brue to approve the Invoice from Deutsch/Williams in
the amount of $1,205.14 for services rendered in October, 2010. Seconded by
Jim DeVellis. Vote: 3-0-0

Donations to Animal Control Gift Funds – Received from Wendy &
James Allen a check in the amount of $120.00 and a check from Thomas
Lopolito a check in the amount of $65.00 and a cash donation of $45.00 from
Robbie Lucas; all to be deposited in the Animal Control Gift Fund.
Motion by Lorraine Brue to accept with gratitude in donation from Wendy
& James Allen in the amount of $120.00, the donation from Thomas Lopolito in
the amount of $65.00 and the cash donation from Robbie Lucas in the amount of
$45.00 each to be deposited in the Animal Control Gift Fund. Seconded by Jim
DeVellis. Vote: 3-0-0

Caroling on the Common – Received from Julie Grant on behalf of the
Foxboro Jaycees a request for permission to hold the Annual Christmas Carols
on the Common on December 16, 2010 – 6:00 to 7:00 p.m.

Motion by Jim DeVellis to approve the request to hold the Annual
Christmas Carols on the Common as submitted by Julie Grant, Foxboro Jaycees.
Seconded by Lorraine Brue. Vote: 3-0-0

Hackie License Applications – Received Hackie License Applications for
Schy Edward Maloon (New License), Stephen Mackinlay (New License) Donald
Marco (Renewal) and Kevin Davis (Renewal).

Motion by Jim DeVellis to approve the Hackie License Application as
submitted by Schy Edward Maloon, 493 Maple Street, Mansfield – a new two
year license. Seconded by Lorraine Brue. Vote: 3-0-0

Motion by Jim DeVellis to approve the Hackie License Application as
submitted by Steven Michael Mackinlay, 50 Verndale Avenue, Attleboro – a new
two year license. Seconded by Lorraine Brue. Vote: 3-0-0

Motion by Jim DeVellis to approve the Hackie License Application as
submitted by Donald E. Marco, for a two year license renewal. Seconded by
Lorraine Brue. Vote: 3-0-0

Motion by Jim DeVellis to approve the Hackie License Application as
submitted by Kevin Davis, Mansfield – a two year license renewal. Seconded by
Lorraine Brue. Vote: 3-0-0

One Day All Alcohol Licenses – Received from Fred Smerlas on behalf
of First & Goal, 45 Washington Street, Foxborough application for One Day All
Alcohol Licenses for 2011 Patriots Playoff & Regular Season games ending on 58
January 2, 2011, any playoff games in January 2011 and games for the 2011
regular season games. A brief discussion was held. Liquor License
Applications cannot be processed when no dates are given.

Motion by Lorraine Brue to approve the One Day All Alcohol License for
January 02, 2011 and regular Patriots home games for the 2011 season.
Seconded by Jim DeVellis. Vote: 3-0-0

Agricultural Commission –Received a request to appoint to the
Agricultural Commission two 3-yr. appointments, two 2-year appointments and
one 1 year appointment – Rosemary Smith, 85 Cocasset St.,, John Hazeldine,
Sr., 27 Spring Street, Frederick Grossmith, 250 Cocasset St., Edward Lawton, 70
North Street, and Debbie Sulham, 7 Pine Acres Road. A brief discussion was
held. This item was put on hold to allow the candidates to determine the length
of the appointments rather than assigning without first consulting the appointees.
Mass Interscholastic Athletic Association – Received from the
Massachusetts Interscholastic Athletic Association , William N. Gaine, Jr., Deputy
Director, a request to waive the Town User Fee for MIAA Superbowl Football
games.

A lengthy discussion was held. Lorraine Brue said she had consulted with
Randy Scollins on this request which she shared with the Town Manager. Kevin
Paicos said Randy was concerned about waiving the fee for three years as it
would mean a significant loss of revenue for the Town. Kevin pointed out that
MIAA is a non-profit organization that supports student athletes involved in many
different sports across the Commonwealth. He noted that the Kraft Group
agreed to donate the facility and pay for operating costs and expenses for this
event and he said he is quite sure the Patriots would like to have the Town waive
the fee. Jim DeVellis feels that a discussion with the Patriots needs to happen
with regard to MIAA and the BOS should hold up on waiving the fee. He pointed
out that the Town is going through hard times trying to balance the budget and
any decision on this should be carefully thought out. Lorraine Brue said she “is
leaning” toward Randy Scollins’ perspective. At a time when the Town is asking
the employees to accept zero increases, the Town is not in a position to waive
the fees. Lynda Walsh noted that the Town has waived the fee for three years
and she would like to support non-profit groups. She suggested taking another
look at this for next year. Kevin Paicos said he is surprised by the attendance
estimated at 18,000 and that means $45,000 in fees – a significant number over
three years. He said a discussion with the Patriots needs to happen; the
Agreement needs to be amended. He suggested waiving the fee for this year
and try to reach “common ground” with the Patriots for the two remaining years.
Motion by Jim DeVellis to waive the ticket fees for the next two years.
Seconded by Lynda Walsh.

Motion by Lorraine Brue to amend the motion to waive the ticket fees for
one (1) year and open dialog with MIAA, the Kraft Group and Kevin Paicos.
Seconded by Lynda Walsh. Vote: 3-0-0

Vote on original motion as amended: 3-0-0

Defeat of Question 2 – Received from Robert W. Kimball, Jr., Norton
Board of Selectmen, a memo regarding correspondence sent to legislators
following the defeat of Question 2 on the State election ballot. He asked for the
support of the Foxborough BOS. A brief discussion was held. Jim DeVellis feels
it is not the place of the BOS to call State Legislators asking for a forum on this
issue. This was taken under advisement.

Town Warrant for SPM – A brief discussion was held. Police Chief
O’Leary pointed out that one Police article might be confusing to the voters. He
will come back before the Board at the next meeting. Kevin Paicos said the
Advisory Committee would get the Warrant as soon as it is known what is
happening with the Patriots. He pointed out that unless the articles for the
Patriots are included in the Warrant there may not be enough to have a special
meeting; in that case the others would be added to the Warrant for the ATM. He
said things could wait another two to four weeks.

Motion to adjourn by Jim DeVellis. Seconded by Lorraine Brue.

Vote: 3-0-0 Meeting adjourned at 8:45 p.m.
____________________
James J. DeVellis, Clerk