Back to Board of Selectmen Meeting Minutes

Board of Selectmen - Meeting Minutes

June 3, 2008
Regular Session 7:30 pm
Mr. Riley, Ms. Burns, Mr. Rabuffo

Voted - to approve the minutes of May 6, May 20 and May 23, 2008.

Mr. Kelsch asked the Board to consider public safety funding in light of the recent increase in the number of break-ins in the Gardner Street and Farm Hills area. He also advised the board that the Farm Hills Association had requested that the Police Chief or his representative meet with the group. Ms. Burns suggested that a Selectman also attend that meeting. Mr. Kelsch agreed to coordinate schedules.

Linden Ponds Liquor License
Mr. Gonzales said he had been in the restaurant business for over twenty years. He has been appointed the director of the dining facility at Linden Ponds. He is TIPS certified and all the managers are similarly certified. No one spoke in opposition to the proposed change of manager.

Voted - to approve the application for a change of manager for the Club All Alcoholic Beverages License of Linden Ponds Inc, d/b/a Linden Ponds, 300 Linden Ponds Way, from John Ravagno to Tomas Omar Gonzales.

Reserve Fund Transfers
Mr. Partridge explained that this was a recertification year and for that reason the expense accounts are abnormally stressed. The Assessors are looking for a transfer for covering the traveling and mileage fees covering the money necessary to pay for three people out visiting properties. Mr. Partridge also requested additional funds for the binding of deeds. He noted that the Town gets a copy of every deed for a property sold in Town. Mr. Partridge pointed out that this is the first reserve fund transfer that he had asked for in 9 years and there had been a considerable savings in payroll. Mr. Rabuffo said he had met with the department and asked if this would cover the expenses through June 30. Ms. Burns said that she hoped that there would be provision in a future budget for the recertification year when it next comes up in the three-year cycle. She also noted that the Plymouth County Registrar had written seeking support for his budget and suggested that it might be wise to bring up the subject of an updated computer service at the Registry of Deeds. Mr. Partridge said there has been some on going discussion with the registrar regarding the system.

Voted - to recommend a transfer from the Reserve Fund to the Assessors’ expense account in the amount of $1,789.

Ms. Foley explained that the FY2008 budget anticipated one town meeting. The special town meeting was not expected during the budget process so that a transfer is necessary to cover the expenses related to that meeting.

Voted - to recommend a transfer from the Reserve Fund to the Town Meeting Expense account in the amount of $5,620.

The Board reported that the members of the Town Administrator Search Committee had been contacted and Mr. Puzo has agreed to be the chairman of the committee.

Voted - to appoint Michael Puzo Chair of the Town Administrator Search Committee.

Mr. Puzo said the Committee, which consists of eight members, will be seeking the Selectmen’s guidance as to their charge as well as direction as to what skill set, etc. the Board will be looking for in a new administrator. He noted that since this is a statutory position filled under contract the Personnel Board would not be setting the salary for the position. The Personnel Board, however, normally approves Job descriptions, and he would expect that the Personnel Board would be helpful during the process. Mr. Puzo said he would anticipate the retention of an executive search firm. The Committee has identified three firms who appear to be competent in this type of search. It is expected that there would be significant interest through the network of town administrators. There are also advertising and web opportunities to make candidates aware of the opening. Mr. Puzo said he the next step would be a general scoping session and organizational meeting. Some questions to be addressed are how the process is to proceed and how many candidates the Board of Selectmen want to see themselves.

Mr. Riley noted that the summer may be tough but the Board does not want to make an impetuous decision. Ms. Burns said it would be nice to have someone in place by the end of September. The Board said it was the plan to discuss the job description at this meeting and submit it to Personnel Board. Mr. Puzo noted that the deadline for The Beacon is July 11. In terms of critical path, he suggested that the Board consider the “gotta haves” in a candidate. Mr. Riley said the Board had discussed having a department head or employee on the search committee. Since there is not, he expressed his thought that the committee should solicit input from those in Town Hall on what is important in the person to be chosen.

Mr. Rabuffo remarked that the present version of the job description is the fourth or fifth iteration. He noted that this position is the chief operating officer and a person who is capable of making recommendations as to policy. He said that while he respects the MMA he would not want to limit the search to that group. It is felt this opening would unearth a goodly number of qualified candidates and the Board should expect a broad and deep pool of persons from whom to choose.

Mr. Puzo asked the Board to consider how many candidates they would like to see. He also said he hoped to be approving a job description at the June 12 Personnel Board Meeting. Then the search committee could meet and go forward from there. Mr. Puzo said he would supply the Board a list of questions for consideration.

Voted - to submit to the Personnel Board the revised job description for the Town Administrator

Communications Building at the Turkey Hill Water Tank
Chief Duff presented a contract with Aquarion water that would allow the town to build a communications building at the Turkey Hill water tank site. The Chief had requested Aquarion for permission to build a communications building on the site. The police antenna will be moved off the Cohasset tower and it is possible that several other departments will move some communications. Town Meeting appropriated money for this at the April meeting. The Chief said Blake Haskell has worked on this agreement and Town Counsel has reviewed it. This new agreement will save money and increase interoperability in a safe location.

The Chief explained that Aquarion and the Town jointly file for a building permit. The Zoning Board of Appeals will require a site plan review. The equipment shelter will be owned by the Town and will also contain the Aquarion radio base station. Mr. Riley suggested the Board vote to waive building fees. The Chief said he would hope that construction could begin in July since the money has already been appropriated. He noted that there is also the opportunity for some grant money to cover the equipment that will go into the building.

Voted - to waive the building permit fees for the equipment shelter building to be constructed on Turkey Hill.

Voted – to sign an agreement with Aquarion Water regarding a communications support building to be located at the Turkey Hill Water Tank site at the end of Turkey Hill Lane as described in the May 29th memo.

Financial Report
Ms. Montgomery explained that taxes constitute about 73% of the revenue for the Town and it is important that these collections come in a timely fashion. People are prioritizing their real estate taxes. To date, the town has collected 97.17% of this year’s taxes. The Treasurer’s Office sent out about 100 less demands this year than last year. There are 30 parcels in tax deferral and 52 in tax title. In 1991 the Town changed from semi-annual to quarterly billing. This twice a year mailing saves the Town about $8,000 per year. She noted that there is considerable effort made to remind people of the tax obligations. If a person becomes delinquent on their taxes Ms. Montgomery sits down and explores the avenues available to them in order to resolve the tax difficulties. She urged people not to wait for the letter but to come in as soon as possible.

Excise Tax revenue is up about 3% this year. There appears to be a trend for lagging revenues due to people holding onto their vehicles. That has not hit this Town as yet but it is expected. Motor vehicle revenue is about 4% of operating revenue.

Ms. Montgomery said that the Treasurer must invest all public funds not necessary for immediate distribution. The funds are to be invested for safety, liquidity and yield, in that order. The Town’s investment policy directs the treasurer to use the MMDT rate as a benchmark for earnings. The Treasurer is allowed to invest up to 100% in the MMDT.
Ms. Montgomery remarked that, in general, Hingham’s cash balances are higher than many communities because about 99% of the monies due are brought in each quarter.

Mr. Alexiades said as of April 30th expenditures are under budget. Expenses that are higher than anticipated include the Assessors’ due to the appellate tax case, the Legal Services budget and fuel. Vehicle fuel has historically been bid in June; last year the Town broke with that tradition and began using the South Shore Cooperative Purchasing Consortium. Currently the Town is floating with the market - unfortunately we are floating up. Mr. Alexiades said the town would be doing a bid soon for natural gas. Some of the school buildings may convert to natural gas since the breakeven is about $2.50. He noted that the change in energy prices make various alternatives more attractive now.

Management Letter
Mr. Rabuffo said that people are increasingly interested in the openness of all government processes. Kevin Carnes of O’Connor and Drew said that the firms spend about five weeks auditing the Town. The Government Accounting Standards require that the Town’s systems and internal controls be tested. They select bills and trace them through the system and test disbursements to make sure they were recorded in the proper time etc. The auditors also test payroll. The firm issues an audit report on the financial standards as a whole and one on internal controls. Mr. Carnes explained that the auditors are required to report control deficiencies that are significant Recommendations are made on those items that do not rise to the level of significant or material weaknesses. The auditor’s plan is to issue a preliminary draft report by October 31. Due to the time constraints Mr. Carnes often works directly with Mr. Alexiades. The fieldwork will be done form June 16 -20 and again September 8-19. The draft management letter will be prepared by October 31 and, once approved, a final report will be issued within five days. Each year the Town issues a Consolidated Annual Financial Report for the past 12 months. The Government Finance Officials Organization reviews the financial statements to make sure they adhere to nationally recognized guidelines. Mr. Alexiades said that when the Town first started submitting the CAFR to the GFOA, it was the only town in Commonwealth to receive the award. The Massachusetts municipalities who participated were Cambridge, Boston and Hingham; there are now about 12 or 15 towns. This recognition by GFOA was noted as a significant factor in the presentation to Moodys.
Ambulance Fees Ms. Burns said that Mr. Falvey had approached the Board in April about the practice of billing residents for ambulance fees. The questions he raised were who authorized the collection of fees and how does the current board feel about this practice. Ms. Burns said her research indicated that in 1976 basic ambulance service began and was free of charge to all. In 1981 town meeting authorized the selectmen to assess fees for ambulance service. By 1990 the largest insurance company threatened to stop all payments if the town did not bill for all deductibles, co-pays and anything the insurance company did not cover. That policy later changed. The ambulance service has evolved to the advanced life support service offered today.

When the second ambulance was put into service it was a time of contracting revenues. At that time it was explained to the Advisory Committee that within a year or so the fees collected would cover the cost of the ambulance service. The Advisory Committee went ahead and approved it with the knowledge that the fees were going to cover the costs. Ms. Burns said she would not recommend changing the policy the Town has had for 18 years. It is still the policy for those without insurance or in hardship to have someone call the chief and request a waiver of the fee. At present it is a bit subjective on how to make a judgment whether or not to grant a waiver. The approximate ambulance revenue is $900,000 a year. Approximately $1.4 million is billed and the Town waives a significant portion. Ms. Burns explained that the Town accepts the charge the insurance company agrees to and wipes away the difference between the amount billed and what the insurance company approves as a customary and usual charge. If someone is unable to pay they can apply to the chief for a waiver.

Mr. Falvey thanked Ms. Burns for all her research. He noted that there is no charge for the police to come to your house or for the fire department to come to your house. He urged the Board to find a way to take care of the ambulance. Mr. Riley said he would not be opposed to seeing a warrant article to create a pool to cover these charges. Mr. Alexiades said that the vast majority of the ambulance fees collected are from insurance companies. The Town is obligated to make a good faith effort to collect the deductible. To do otherwise would violate our agreement with the insurer. He noted that with the insurance being so high there are a number of policies that are basically catastrophic insurance coverage. It is possible that if the town advertised the fee waiver more there would be more requests for waivers.

Golf Cart Purchase
Mr. Alexiades explained that the golf cart lease arrangement expired at the beginning of the golf season. The previous lease allowed the Country Club to purchase the golf carts. The Town put out a bid for a specific golf cart and Ms. Berard found a group of used cart and the Town went to a bank and asked for a capital lease The country club used to have a service contract for the carts that was about $7,500 per year. and our superintendent felt that he did not need that kind of money. These are not the type of vehicle that has mechanical breakdowns. Mr. Alexiades said that the vehicles should last ten years.

Voted - to sign a contract with Capital One Public Funding for the lease/purchase of sixty 2002 gasoline golf cars in the amount of $94,200.00

Mr. Cristello reported that the Legislature allows Towns to opt into the Group Insurance Commission plan for state employees. The conditions of joining are too disadvantageous to the towns. He noted that tight now there are fairly onerous bargaining obligations attached to the opt-in provision. This puts the town in a difficult spot. Mr. Cristello suggested that the Town should let the Governor, Senate President and Speaker of the House know about these concerns. Ms. Burns remarked that the purpose of the bill was to allow towns to save money on the health care costs. If the GIC is a cheaper way to go, it is cheaper for the town and for the employee. That should be enough of a reason.

Voted - to decline participation in the Group Insurance Commission Health Care Plan and to send a letter to the Governor, Senate President and the House expressing the opinion that cities and towns should be authorized to join the GIC without the bargaining requirements of the current law.

Voted - to reappoint Paul Doyle to the Bare Cove Park Committee for a three-year term ending in 2011.

Voted - to reappoint John Riley as the Selectmen representative and Philip Edmundson as a Selectmen’s appointment to the Community Preservation Committee for a three-year term ending in 2011.

Voted - to reappoint Samuel Chapin and Douglas Harvey to the Conservation Commission for a three-year term ending in 2011.

Voted - to reappoint Thomas Hickey, Susan Kiernan and Joanne Pollick to the Council on Aging for a three-year term ending in 2011.

Voted - to reappoint Brian Elsden to the Country Club Management Committee for a three-year term ending in 2011.

Voted - to reappoint Emily Hutchinson to the Cultural Council for a three-year term ending in 2011.

Voted - to reappoint Sarah Dewey and Alexander Macmillan to the Historical Commission for a three-year term ending in 2011.

Voted - to reappoint David Mehegan to the Library Trustees for a three-year term expiring in 2011.

Voted - to reappoint Leslie Kehoe to the Traffic Committee for a three-year term expiring in 2011.

Voted - to appoint Stephen Kelsch to the GAR Hall Trustees for a three-year term expiring in 2011.

Aquarion Water
After the presentation by Aquarion it would appear that the DPU would have the rate case hearing in Hull, most likely in the July 14 time frame. The Town needs to advertise for people to come. It sounds as if this is something we need to make people aware of. Typically Town Counsel does this with a little help from an expert consultant. Mr. Toomey and Mr. Lampke have been communicating back and forth and they will be prepared to put retain the services of the expert and put together a response. The last time the expert cost was $3,500.

Voted - to intervene in the Aquarion Water rate case.

The Selectmen’s Code of Conduct and the Code of Conduct for Boards and Committees was introduced last year. The Board agreed to send a copy to all members as a reminder for everyone. Copies of the Code will be forwarded to the chair of each committee for distribution.

Voted - to reaffirm the Selectmen’s Code of Conduct as initially accepted June 12, 2007

Voted - to reaffirm the Code of Conduct for Boards and Committees and that an email be forwarded from the Chair of each committee to all its members.

Mr. Stigliani has sent a memo regarding the expenditure of road building funds for design of the West Corner Culvert. Hull received a grant of $30,000 from the Conservation Law Foundation, which is reducing the total cost of the project to the communities. Some of this expense relates to the wall and sidewalk that was created there. This is on the TIP for this year and it looks as if it will go forward.

The Route 228 preconstruction conference is Thursday. The project has been awarded and we are close to seeing work being done.

Voted - to approve the expenditure of $9,143 of road building funds for the West Corner Culvert Project.

Reports
Mr. Rabuffo commended the School Committee on graduation and thanked them for including the Board of Selectmen. He also extended congratulations to the graduates.
Ms. Burns raised the possibility of permanent building committee. She noted that some towns do ad hoc committees as Hingham has done. Mr. Seelen called 30 other towns and the answers were all over the map - some had permanent committees for schools but not for other projects. Ms. Burns said that it is possible that our building committees are reinventing the wheel. Perhaps there is a way to pass on the knowledge. She suggested setting up a small, four-member committee to explore the various options by way of a short assignment. Mr. Rabuffo noted that the Town has some expertise on the Town staff that the Board should tap. Ms. Burns said she hoped to bring this back to the next meeting for a vote. If the committee has a proposal they might float it for the next town meeting.

Mr. Riley commented on the well-attended Memorial Day Ceremony. Mr. Rabuffo noted that the SJC did not reject our application of affordable housing count to Linden Ponds but only that we did not go through the process. The decision said, “go back to the process”; it was not a complete refusal of our application. The Town felt that there should be a way to get an answer expeditiously.

Mr. Cristello said that the intersection at North, West and Beal was left unfinished last fall. The Town has given the T a proposal that we could do the work ourselves just to get it going. This is the highest priority for getting something from the MBTA. The Town is continuing to try to move on the punch list and the signal at Heresy Street.

Meeting adjourned 10:50 pm.

Betty Foley, Clerk