Paul DeRensis, Town Counsel for Foxborough, presented selectmen Tuesday night, May 24, with a request for a modification in the between the town and Waxy O'Connors.
Popular Foxborough eatery, Waxy O'Connors, requested to change the start date of their 10 day liquor license suspension from June 1 to Monday, May 30.
DeRensis made a point to inform selectmen on Waxy's recent good behavior.
"They [Waxy's] have been very cooperative and enacted the rollback of hours [no alcohol after midnight] right away," noted DeRensis. "They [Waxy's] have been working with us on the settlement agreement."
Selectmen Lynda Walsh stated her opinion on the proposed date change shortly after DeRensis spoke.
"They are serving a 10 day suspension - 10 days is 10 days," echoed Walsh.
Town Manager Kevin Paicos offered the board a further change on the settlement agreement with Waxy's. Paicos suggested that the $10,000 that Waxy's agreed to pay the town - accrued from hearings and legal fees - be used to pay for necessary training for Foxborough's police officers.
The primary use of the $10,000, to be paid by Waxy's, was to reimburse the town for all expenses accrued throughout the hearing process.
Paicos stated that Waxy's should instead give the $10,000 as a gift and or donation to the town for the purpose of public safety training.
"Instead of calling the $10,000 a reimbursement, we call it a donation so we can use it for training and whatever is left over will go to reimbursing [the town]," said Paicos.
Police training costs would total approximately $6,000. The training would also include a 3-day class for officers to gain more insight into investigating and preparing liquor violation cases.
"That type of training is something police officers don't get in the academy," noted Paicos. "Police are trained in gathering information to give a charge but not always on getting the necessary information [for a case]."
"I am intrigued by the idea," stated selectmen Mark Sullivan. "This is being proactive for the future in order to avoid lengthy hearings and accruing more fees."
Sullivan and Piacos agreed that training officers further in liquor violation cases will not only cut back on costs but will allow violations to "really stick."
Selectmen James DeVellis jumped into the conversation with a concerned tone.
"We made the decision to make this agreement and the reason I voted against it was because I thought we had an ironclad case and now you [Paicos] think we need training?" said DeVellis.
Paicos defended his proposal by pointing out that what the town may find concerning and or guilty will sometimes differ from what the Alcoholic Beverages Control Commission (ABCC) will rule.
"You [selectmen] have a different standard but when you get to the ABCC you talk rules of law," said Paicos.
Paicos further explained why the money would be better spent on training. "Spending this money on training would allow the police officers to substitute for a witness because they will be able to create a chain of evidence," he said. "The officer could give testimony and that would allow us to not rely on a witness."
The board agreed that using the money for training would ultimately eliminate cost and risk while adding education.
Selectmen voted 4-0 to accept the date change from June 1 to May 30 - conditional upon Waxy's approval for giving the $10,000 as a gift to the town for public safety training.
DeRensis ended the evening by commending the board for their accomplishment in turning Waxy's from a defiant establishment to one that wants to work with the board and become a good citizen.