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• Minutes Aug 31, 2010
• 8/31/10 Meeting Agenda
• Video on Archive.org

  SELECTMENS MEETING MINUTES

  August 31, 2010
  Members Present: Lynda Walsh, Chairman
  Larry Harrington, Vice Chairman
  Jim DeVellis, Clerk
  Lorraine Brue
  Paul Mortenson

  Others Present: Andrew Gala, Town Manager
  Police Chief O’Leary
  Attorney Joseph Devlin, Bar Louie Tavern & Grill
  J. D. Mathhews, Corp. Representative for Bar Louie
  Robert Hovis, Manager of Record
  William Corcoran, General Manager
  Attorney Paul DeRensis, Town Counsel
  Sergeants Richard Noonan and David Foscaldo, Foxborough Police Dept.
  Cynthia E Lyons, Red Robin Gourmet Burgers

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

  7:00 – Citizens Input – David Brown, 17 Merigan Way, Foxborough, spoke regarding the new parking lot on County Road. He was interested to know when it would be in use, and if the BOS had given any thought to the operation of the lot, would parking fees be charged and whether the GATRA bus would be available as a shuttle to the trains. Lynda Walsh said she would put this on the agenda for the next scheduled Board meeting.

  Peter Dowd of Skipjack’s restaurant came before the Board to apologize
  for appearing to be disrespectful to the Board. He said he certainly did not mean
  to have things appear that way by being late in submitting an application for the
  extension of hours to open on Sundays at 11:00 a.m.

  Motion by Paul Mortenson to approve the application for the extension of
  liquor license hours to 11:00 a.m. opening on Sundays, including food service,
  as submitted by Skipjack’s restaurant. Seconded by Lorraine Brue. Vote: 5-0-0

  7:05 – Public Hearing – Bar Louie Tavern & Grill – Jim DeVellis, Clerk, read
  the Public Notice. The purpose of this Public Hearing is to review and discuss
  information concerning alleged violations of Chapter 138 that occurred at the
  Bar Louie Tavern & Grill, 232 Patriot Place, Foxborfough. Police Chief Edward O’Leary said that his staff reported that customers at
  Bar Louie had used false identifications including a fake out of State License
  and a fake Rhode Island license. The police reports and written statements are
  available for review. At the request of Town Counsel, Paul DeRensis, Sgt.
  Richard Noonan and Officer David Foscaldo were sworn in as were J. D.
  Matthews, Robert Hovis and Bill Corcoran, representatives from Bar Louie
  Tavern & Grill.

  Sgt. Noonan explained that he and Sgt. Foscaldo had gone around to all
  the liquor servers in Foxborough, that included Bar Louie. They approached
  four females who appeared youthful and in possession of alcohol. They asked
  for identification and found all were under the age of 21. One of the young
  women produced a false RI license and the others produced fake out of state
  licenses.. They were asked to explain. Attorney DeRensis explained that the
  officers did prepare a report of the events and asked the officers to identify those
  reports. Attorney DeRensis asked those reports be identified as Exhibits 1 & 2.
  Sgt. Noonan proceeded to explain the actions he took to establish that these IDs
  were fake and the women should not have been served alcohol. The Florida
  License was a valid license but did not belong to the two young women using it.
  This License was marked Exhibit 3. The fourth young woman had no ID but was
  escorted by an unknown male to the second floor. Sgt. Noonan noted that at
  9:55 p.m. there was no one at the door to check identifications. When he and
  Officer Foscaldo returned they were asked to produce their civilian IDs. Officer
  Foscaldo testified there were four young women standing around a table with
  alcoholic beverages on the table. They approached the table and identified
  themselves with their badges. He reported that Miss Molly Hoffman produced a
  fake license from Rhode Island. They took the ladies aside to discuss the
  problem further. They were polite, cooperative and respectful.

  A lengthy discussion ensued. Attorney Jim Devlin said that they were not
  going to argue about the Police report. Ultimately four underage persons were
  served alcohol. The policy of the management is to card people after 10:00
  p.m.; this will change with security at the door to start carding patrons. There
  have been no allegations of over service. He pointed out that of the four, three
  were ID’d but some bad decisions were made. The R.I. license should never
  have been accepted. The fourth person explained that she got a drink from
  some random guy.

  The General Manager spoke with Chief O’Leary the day after the incident
  regarding further steps to take to make sure this does not happen again. It was
  suggested that on high traffic nights a Police detail be hired. A change in the
  policy for TIPS training; staff will have to be certified within 60 days after they
  are first hired. Servers will go through a 5 or 6 day training program with J.B.S.
  Professional Services, LLC to focus on preventing underage sales and review
  on how to detect false documents as well as other recommendations. Motion by Paul Mortenson that as a matter of fact the Board finds that the
  four women named in the Police report were served alcohol at Bar Louie Tavern
  & Grill and that each was under age at the time of service. Seconded by Larry
  Harrington. Vote: 5-0-0

  Further discussion focused on steps taken by Bar Louie management to
  prevent a recurrence of this type of incident and sanctions to be imposed by the
  Board as a result of this violation of the liquor license. Chief O’Leary pointed out
  that the Board should remain consistent as to what decision they make. He said
  in the past the first offense has been a letter reprimanding the license holder and
  that any further violation would result in a much stronger penalty. The Chief also
  pointed out that Management had shown a willingness to make changes and
  had taken steps to prevent this type of incident from happening again. Paul
  Mortenson said that given the gravity of the incident he would recommend a
  three day suspension of the license. Lorraine Brue voiced concern that the IDs
  were checked at multiple places in the restaurant and yet these girls were able
  to buy alcohol without a proper ID. The Board had handled prior situations with
  a letter of reprimand with the understanding that sanctions would be taken to the
  fullest extent if there is another violation. Jim DeVellis said given the
  circumstances he could not support just sending a letter of reprimand. Attorney
  Jim Devlin suggested that any suspension given be held in abeyance for six to
  12 months. Larry Harrington pointed out all the corrective steps that have been
  taken by Bar Louie and that the Board is ready to go for a 3-day suspension. He
  would support a letter of reprimand and a 3-day suspension of the license to be
  held for one year.

  Deborah Stewart, 44 Neponset Heights Ave., expressed her concerns
  regarding underage drinking. She agreed that a letter of reprimand and a 3-day
  suspension held for six months is an appropriate decision. She hoped that
  anyone observing an underage person drinking that they would notify the police
  and they could respond appropriately.

  Motion by Paul Mortenson to close the Public Hearing. Seconded by
  Lorraine Brue. Vote: 5-0-0

  Motion by Jim DeVellis based on the testimony of the Foxborough Police
  and under the guidelines of the Rules and Regulations, I move that a letter of
  reprimand and a three day suspension be imposed on Bar Louie Tavern & Grill.
  Discussion – It was suggested that the Board should come up with
  something that sends a strong message. One and two day suspensions were
  suggested. Lorraine Brue said she is not comfortable with a 2-day suspension.
  A suspension being held for a year seems to be a significant deterrent to prevent
  this from happening again. Vote: 2-3-0 Motion by Larry Harrington to impose a Letter of Reprimand and a 3-day
  Suspension of the Liquor License to be held for a 12 month period and to be
  implemented after any subsequent violations. Seconded by Paul Mortenson.
  Vote: 3-2-0 Jim DeVellis and Paul Mortenson voted in the negative.
  7:20 – Public Hearing – Sunoco Inc. – Public Hearing Notice was read by Jim
  DeVellis, Clerk.

  Motion by Paul Mortenson to close the Public Hearing. Seconded by
  Larry Harrington. Vote: 5-0-0

  Motion by Paul Mortenson to approve the application as submitted by
  Sunoco Inc. on behalf of the Sunoco Service Station 101-105 Main Street,
  Foxborough to amend the license for underground storage tanks of 14,000
  gallons of gasoline and 85 gallons of waste oil. Seconded by Larry Harrington.
  Vote: 5-0-0

  7:45 – Public Hearing – South High and Fisher Street Stop Sign – Jim
  DeVellis read the Public Hearing Notice. The purpose of this Public Hearing is
  to discuss the installation of an additional stop sign on South High Street at the
  intersection of Fisher Street.

  Bob Swanson, Highway Superintendent, gave a brief background of the
  traffic issues at this intersection. He does not agree with “putting stop signs in
  the middle of the block” on through streets. He pointed out that no one expects
  to see a stop sign there. He said speed is a problem in this area. Ari and
  Christine Weinstein spoke of the high traffic volume and speed of vehicles
  traveling on Souoth High Street. Ari said the radar trailer is a nice start at
  controlling the traffic but he would suggest speed bumps. On July 9
  thhe took a thirty minute tabulation of traffic violations, 18 in all and 12 of them were failure
  to stop at the stop sign. He suggested having a police officer stationed there at
  least during heavy traffic hours. He feels that would send a clear message
  about speeding on residential streets. Christine Weinstein is concerned for the
  children in the area and suggested putting a “not a through way” sign thinking it
  would deter people from speeding through the neighborhood.

  Motion by Larry Harrington to close the Public Hearing. Seconded by
  Paul Mortenson. Vote: 5-0-0

  Motion by Larry Harrington to authorize Highway Superintendent to install
  a third stop sign at the intersection of South High Street and Fisher Street.
  Seconded by Lorraine Brue. Vote: 5-0-0 8:10 – Change of Manager – Red Robin – Cynthia E.Lyons was present to
  discuss the request by Red Robin International, Inc. for a change of Manager at
  Red Robin, 290 Patriot Place. Cynthia gave a brief summary of her experience
  in the restaurant business. She noted that after listening to the hearing for Bar
  Louie, she will make a change in the TIPs training for the servers at the Red
  Robin. The policy is to card everyone who appears to be under the age of 40
  and there is 3 drink policy in place.

  Motion by Paul Mortenson to approve the application for Change of
  Manager naming Cynthia E. Lyons as the new manager as submitted by Red
  Robin International, Inc. for Red Robin, 290 Patriot Place, Foxborough.
  Seconded by Larry Harrington. Vote: 5-0-0

  ACTION:
  Minutes – The Minutes of the Board of selectmen’s Meeting of August 16,
  2010 were reviewed.

  Motion by Larry Harrington to approve the Minutes of August 16, 2010 as
  amended. Seconded by Paul Mortenson. Vote: 5-0-0

  Invoice – Received from Thomas J. Groux, Groux & Associates, an
  invoice for services relating to the recruitment of a Town Manager in the amount
  of $2,130.00.

  Motion by Larry Harrington to approve the Invoice in the amount of
  $2,130.00 as submitted by Groux & Associates. Seconded by Paul Mortenson.
  Vote: 5-0-0

  Appointments – Received from C. Paul Dumas, 4 Adams Street a
  request to be appointed to the Norfolk County Advisory Board.
  Motion by Larry Harrington to approve the appointment of C. Paul Dumas,
  4 Adams Street to the Norfolk County Advisory Board, the term expiring August
  1, 2011 as requested. Seconded by Paul Mortenson. Vote: 5-0-0
  Received from Joan Gallivan, 63 Alden Street, a request to be appointed
  to the Norfolk County Advisory Board as an Alternate.

  Motion by Larry Harrington to approve the appointment of Joan Gallivan
  to the Norfolk County Advisory Board as an Alternate, term expiring August 1,
  2011 as requested. Seconded by Paul Mortenson. Vote: 5-0-0
  Early Opening Hours on Sunday – Received from Mark Levin on behalf
  of Showcase Live, LLC, a request for extension of the liquor license hours to permit the serving of alcoholic beverages with food at 11:00 a.m. on Sundays
  during the Stadium football season.

  Motion by Lorraine Brue to approve the request for extension of the liquor
  license hours to 11:00 a.m. on Sundays during the Stadium football season as
  requested by Mark Levin, Showcase Lie, LLC. Seconded by Paul Mortenson.
  Vote: 5-0-0

  Received from Thomas J. Perruna, Tavolino restaurant, a request for the
  extension of the liquor license hours to permit the serving of alcoholic beverages
  with food at 11:00 a.m. on Sundays during the Stadium football season.
  Motion by Larry Harrington to approve the request to extend the liquor
  license hours to 11:00 a.m. on Sundays during the Stadium football season as
  requested by Thomas J. Perruna, Tavolino. Seconded by Paul Mortenson.
  Vote: 5-0-0

  Foxborough Cultural Council – Received a notice from the Foxborough
  Cultural Council Chairman Betsy Buckland that the Council is looking for
  volunteers to serve on the council and anyone interested should call the
  Selectmen’s Office for further information.

  NEW/OLD BUSINESS

  Submit to Permanent Building Committee, will interview 3 or 4, make a
  recommendation to the Board for review.
  Town Asset Review Committee – Four RFPs have been sent to the
  auctioneer – 9/17 to respond has to happen before 12./31 – close within 30
  days. Tax attorney helped put together. Ned approval of….fees will be covered
  by premiums.

  Have had a number of meetings on health insurance change. Develop
  eligibility audit in the near future and go back to the audit committee with
  recommendations – particularly the retiree issues.
  Update on last meeting, starting process of negotiations and come up with
  strategies to begin the process.

  Larry Harrington commented on the background checks and CORI
  checks. The search Committee hired a company to do the resumes. The goal is
  to have this all done by the Search Committee and report back to the Board of
  Selectmen before the next scheduled meeting. If appropriate the Board would
  go into Executive Session for discussion. A request was made by Lorraine Brue
  to be able to review what was sent to Attorney DeRensis. Lorraine has no problem with the process but that this becomes the Board’s decision to make
  She pointed out that the Board voted to start negotiations with Kevin Paicos
  subject to the outcome of the background check and at the last meeting she
  expected that the Board would be handling the background check. Larry
  Harrington believes that it is unnecessary for the Board to do any individual
  background checking as he is very satisfied with the work of the Search
  Committee or Town Counsel. He does not anticipate any issues that have to be
  brought before the BOS.

  Motion by Paul Mortenson that the BOS be allowed to see the results of
  the full background check that is the same as what Attorney DeRensis will see.
  Seconded by Lorraine Brue.

  A further discussion was held regarding the importance of the background
  check , whether not seeing it would be a problem and having trust in the Search
  Committee, the Chief of Police and the Town Attorney
  Vote: 2-3-0 Larry Harrington, Lynda Walsh and Jim DeVellis were the
  dissenting votes.

  Jim DeVellis asked the Board to consider adopting a code of ethics for a
  one year period similar to the Dissention Rule of the Advisory Committee. He
  felt this would help the Board move forward with the business of the Town and
  not get bogged down in unkind or derogatory remarks being made about one
  another and then going to the newspaper in defense of something said.
  Paul Mortenson voiced his opinion on a process that he feels was “totally
  flawed”. He said the point he made was harsh but he felt it to be true. Jim
  DeVellis pointed out that if everyone went to the newspaper nothing would get
  done. Lorraine Brue said that the Advisory Committee is an appointed
  committee not political; the BOS is political. She feels that the Board needs to
  do things in a collaborative manner; the Board needs to stay focused on the
  goals and objectives and in that way move forward. She objected to Larry
  Harrington raising his voice at her at every meeting. Jim DeVellis pointed out
  that issues should be settled at the BOS table not in the newspaper. He will do
  all he can to keep things civil. He said it is important that all members of the
  Board support whatever decision is made.

  Motion by Larry Harrington to go into Executive Session for the purpose
  of reviewing and possibly releasing Executive Session Minutes and exit from
  Executive Session for the sole purpose of adjournment. Seconded by Lorraine
  Brue.

  Vote: 5-0-0 Lynda Walsh, Chairman Yes
  Larry Harrington, Vice Chair. Yes
  Jim DeVellis, Clerk Yes
  Lorraine Brue Yes Paul Mortenson Yes

  Motion by Paul Mortenson to adjourn. Seconded by Larry Harrington.

  Vote: 5-0-0 Meeting adjourned at 10:30 p.m.
  ___________________________
  James J. DeVellis, Clerk