Back to Board of Selectmen Meeting Minutes
October 27, 2009
Regular Session 6:30 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
Richard Tortora, Financial Update
Mr. Tortora advised that the Town was in the market last year for close to $39 million bond issue and there were five bids. The town also issued $3.78 million in shorter term notes. There were fewer bids than on the smaller, shorter term. Mr. Tortora said his firm represents over 300 jurisdictions in the northeast. He said had the town been in the market with Aaa rating it would have cost an additional 15 basis points. This probably saved over $60,000 per year.
Mr. Rabuffo said there was a financial recognition but what is more important is the access to money which is reflected in the five bids received. By having a triple A the town does not need bond insurance. The high financial rating allows the town to avoid cost of bond insurance and significantly lower interest rates. It is likely that the spread between an Aaa and an Aa will increase to 50 basis points in the not too distant future. Hingham has trended very well over the years but fund balance has been going down over the past several years. A fund balance of 20% is common in triple As; A percentage below 15% is precarious. Westchester County is a triple A with a low fund balance but they have a soft reserve in tax liens that they never sell.
When a community loses an Aaa it borrows at a higher cost with less bidders and bond insurance.
When analyzing a municipality the rating agencies look at four categories:
(1) Debt – the amount outstanding, the purpose, and the amortization schedule. Rapid repayment is good.
(2) Economics and demographics – the wealth level, largest employers, taxpayers.
(3) Management policies – does the town institutionalize good practice; does the town plan ahead and execute?
(4) Finance – budget to actual performance. How well do you run the business of Hingham?
Mr. Tortora explained that extreme strength in one area may help out in another area. He said the only concern ever expressed about Hingham is fund balance. Commercial and residential development, particularly high-end, bodes well for Hingham. Hingham’s debt capacity is far higher than what the town currently has .
Ms. Burns said she has looked at demographics of the town and how these compare to the demographics of other triple As. Hingham is not as wealthy a town as some other triple As. Mr. Tortora said that strong management has carried the day. He recommended that the Town keep the fund balance where it is and try to grow it over time. He recommended that the Town make sure that it is well set up to repay debt. How the Town of Hingham is being run is important. Mr. Tortora noted that you will get a pass for below average fund balance if management strength and financial performance is good. The most important management characteristics that Moodys’ looks for are timely disclosure, financial documents that consistently win awards and pay as you financing. He cited the seven practices of highly successful credits which he will get for Board.
Mr. Tortora said that If the economy improves, the rating agencies would expect things to come up. The economic conditions buy the town some time. There is no pressure to do something right now. If the Town were to institute a five year plan to move fund balance to 15% they would be thrilled and they would monitor fund balance. The economy will set the stage for how quickly the agencies would expect Hingham to recover. In 18-36 months they expect to make a change in credit – the watch will come off or you will get downgraded. Mr. Tortora said he tends to think that if the economy stays weak and the fund balance percentage remains constant – Hingham should be ok.
Ms. Burns said the national percentage of fund balance for triple A communities is 29% but that seems extreme. Mr. Tortora said older, well established jurisdictions will have smaller fund balances that new communities. In the Northeast the fund balance for strong credits is less than 29%.
Moodys published a blanket notice that they had a negative disposition on municipal credit. Hingham has a good fresh rating. The agencies know where Hingham is and they are comfortable.
Mr. Rabuffo asked Mr. Tortora to speak about the management of the Town and what this has to do with the provision of services. Mr. Tortora explained that this refers whether the team manages the services residents expect and pay for. The level of services should remain relatively constant in triple A credits. He noted that a sense of balance and an even keel are part of the triple A profile. Mr. Alexiades noted that if structural imbalances are identified, the Town should be in good shape when the economy does swing around. Mr. Paicos said Moodys would not be pleased to see slashing of services of 15% because it says we did not foresee things. Mr. Tortora said that there should be no dramatic moves in either direction.
Public Hearing re: Two Dogs Owned by Megan and Robert Ullman
Ms. Burns called to order the continuation of the public hearing. The witnesses were sworn.
Chief Mills requested permission for the Animal Control Officer Leslie Badger to address the Board.
Officer Badger said that she had asked the Ullmans to keep the dogs out of the store, to put up signs warning of the dogs presence, etc. Officer Badger said the Ullmans have done none of the requested items.
Chief Mills asked the Board to consider the disposition of a hearing in the matter of Gabriella and Ms. Stacey Wakefield. He explained that Ms. Ullman agreed to an amendment and admitted sufficient facts in this case. He asked that the Board waive hearing this charge since the District Court had disposed of the matter. Mr.Ullman objected. He said that his wife had agreed to the facts that she was partially responsible. He said Ms. Wakefield had walked through an unlocked door into a closed store. While Mr. Ullman and his wife acknowledge that there was a dog bite, they say there were mitigating circumstances in so far as the victim was partially at fault.
The Animal Control Office read the police report into the record. The Chief asked Ms. Wakefield to recount the events as she remembered them. She said she recalled being in the Downtown and opening the door to the gallery. As she opened the door the dogs started biting at her hands and then bit her on the leg. She saw no sign on the window of the store and there was no evidence that the store was closed. She was unable to truly enter the store and the dogs came out and circled her.
The second incident occurred on June 13, 2009 when Krista Brewer entered the gallery and was bitten in the stomach by a dog in the unattended store. Ms. Brewer said there were postcards on display outside the art gallery and she decided to enter the store to look at the artwork. When she entered, the large dogs lunged at her. The owner was not there. When Ms. Ullman returned she said she was sorry but the dogs had never done this before. Officer Badger presented pictures of the bite wound on Ms. Brewer’s stomach. Ms. Brewer said she had received no response from owners to repeated calls; the emergency room bill was refused by the Ullmans and they have accepted no responsibility.
Mr. Ullman said he and his wife are very upset and apologetic. He also said nothing could be further from his mind than being responsible for one of his beloved dogs biting someone. The Ullmans have owned Gabriella since she was a year old. They do acknowledge that the incident happened. The gallery is the dogs’ home. They have spent five and a half years in the gallery. Mr. Ullman characterized the dogs as gentle and loving. He said that the two dogs are different. Gabriella is very protective and, when left alone, she has acted in a bad way twice. He noted that statistically two bites out of 28,000 visitors is very low. She has not been in the store since the second bite. Mr. Ullman said that they are willing to sign a document that they will never bring the dogs to the store again. He said the business would suffer as a result of the dogs staying at the house but so be it. He asked that the Board realize this is not the dogs fault but human error.
Melanie Hart spoke on behalf of the Ullmans saying she has known them for close to 11 years and they are the most reliable people you could ever meet. Ms. Hart said the dogs have been outside the art gallery for as long as she can remember. She also commented that this seems to be such drama over something that should not be.
As animal control officer Ms. Badger recommended removal of Gabriella by euthanizing the dog. It is also her recommendation that Spartacus be required to wear a collar with tags at all times. Officer Badger said the Ullmans were responsive to the initial request that they get the dogs licensed but they have not responded to the requests to keep the dogs out of the store.
Mr. Rabuffo asked what kind of training the owners and the dogs had received. Mr. Ullman said he has had no formal training in animal training. They are voice trained to come, to stop and are capable of walking without a leash because they are voice trained. He said that although the dogs have not been formally evaluated, they have been exposed to an Animal Trainer. Mr. Rabuffo asked if the dogs had been to a behavioral vet and why, after the first incident, was no action taken to prevent another incident.
Mr. Toomey said the Town has a by-law and MGL c. 140 and under these laws it comes to the Selectmen to decide if the owner has failed to keep control of the dog and if the dog presents a danger. Mr. Ullman said they have proposed a precedent for a three bite rule.
Mr. Riley asked for an explanation as to the lack of cooperation and concern for the two people who were bitten. Mr. Ullman responded that with regard to Ms. Wakefield he felt there was contributory negligence on her part because there was a closed sign and a handwritten sign. With regard to the second incident Mr. Ullman spoke to the victim’s mother and sent documents to the victim’s mother. He said he did not check on them because the legal matter was proceeding. It is his belief that the request for payment of emergency medical treatment charges was an attempt at extortion since everyone is required to have health insurance.
Mr. Paicos said he has conducted dog hearings for over 30 years. It is rarely the behavior of the dog that is in question but the behavior of the owner. He said he has never seen a clearer case where the owner of the dog failed to recognize that the dog had the intent to bite if someone entered into its territory. After the first bite the owner should have understood that there was an obligation to public safety. Mr. Paicos said the owners have demonstrated complete irresponsibility and disregard for public safety. The fact of the bite is not in dispute. The Board needs to consider the future behavior of the owners and there is little reason to expect behavior in the future would be significantly better. Mr. Paicos said he concurred with the recommendation that the animal control officer has made.
Ms. Burns summarized the proceedings by listing the findings of fact and made her recommendation.
Findings of Fact agreed to unanimously by the Board of Selectmen:
1. The dog licensed and known as Gabriella has bitten Stacey Wakefield and Krista Brewer without provocation
2. The owner failed to control dog.
3. The owner has refused to take reasonable steps to control do and prevent future incidents
4. The dog presents a danger to the public.
Ms. Burns said that this is not a dog problem but an owner problem. She said she is sure the dogs have been wonderful with thousands of people but if an owner knows that a dog is territorial it is unreasonable to bring them into a retail establishment and, having had an incident happen once, to allow it to happen again to show no judgment at all. The Board cannot trust the owners’ judgment in the future so it needs to make some requirements. Recommendation: That Gabriella be euthanized and Spartacus be leashed and supervised at all times when out of his home and banished from Hingham Square. Sparatacus shall be licensed with up to date vaccinations at all times.
Mr. Rabuffo added that since there is no history of Spartacus biting he would recommend that there be training and this would insure the dog and Mr. and Mrs. Ullman be trained in a dog obedience course.
Voted - that (1) Spartacus be leashed and supervised at all times; (2) That he be banned from Hingham Square (3) That He shall be licensed and have up to date vaccinations at all times; (4) Spartacus and the Ullmans engage in professional obedience training classes and present proof of completion to the Board.
Mr. Rabuffo said that having been exposed to and spent a lot of time with animals, he feels that once a dog has been engaged in biting and we are on a course that we cannot expect a satisfactory outcome. He said he would support the recommendation for Gabriella to be euthanized.
Mr. Riley said that he grew up on Beal St with a fair amount of animals and loved animals. At one time he had a German Shepherd that lunged at and bit his seven year old son’s finger off. He knew what had to be done. In this case as much as it hurts he must agree with the dog officer. The appeal process allows 10 days to file an appeal at the District Court. Mr. Paicos suggested do be retained in town custody immediately following the hearing and during any appeal period.
Voted - to order the dog known as Gabriella to be euthanized at a date to be determined by the Animal Control Officer.
Middle school Statement of Interest
School Committee Chair Christine Smith advised the Board that the way that towns get in the queue for funds from the MSBA is to submit a Statement of Interest. This will allow the Town to maintain the possibility of funding from the MSBA. The filing of the SOI does not create any automatic funding from the Town but merely keeps the School on the list.
The School Committee Study Committee created a report which was presented in 2006. Initially four Statements of Interest were filed. This is the last piece of the puzzle. Mr. Killory reported that the Town was very successful in receiving the grant for the new elementary school. Our track record with that project will, hopefully, bode well. Every district must resubmit to remain in the queue.
Mr. Rabuffo asked if the overcrowding was as predicted. Dr. Galo said that yes, it is. Enrollment at the Middle School is currently 897 and next year it will be 945 without any new growth. This year the average class size is 26; next year the average will be 28 or29; the following year the numbers will rise again.
Dr. Galo pointed out that even if this were to be submitted today, it would be a multi-year project. In addition to the condition and need for renovation, there is a core space and class size problems. The rooms at the Middle School are not to code for size and do not meet the new requirements at MSBA as to the amount of square footage per student.
When asked about moving the 6th Grade to the elementary schools Dr. Galo explained that the elementary schools were built/renovated so that there would be four sections of every grade K-5 in each school. It would present crowding problems in terms of core spaces. The Middle School program cannot be replicated at the elementary schools. It is something that could be done in an emergency but of the 4-5 options for next year there is no one good option.
Mr. Rabuffo said he had spoken to State Treasurer Timothy Cahill recently and he had commented that 200 applications for building assistance are expected. Mr. Rabuffo said that Mr. Cahill recommended an application for repair and maintenance of things that need to be done it could move the project to the head of the list. Dr. Galo said that classroom problem could be addressed with modulars but that does not solve the problem. There are failing window walls, aging boilers and a failing roof. The School Department can quantify the problem but having someone look over Its shoulder and offer possible solutions could be a very good thing. Whether the solution is a brand new school would not be the schools’ decision.
Mr. Rabuffo asked about shedding programs to fit into the current space. Dr. Galo said that a decision of that type would be made only for dire situations and is certainly not as desirable. The State requires 990 hours of instructional time.
Mr. Riley asked if the enrollment problem was a bubble if the enrollment was going to drop again. Dr. Galo said that looking at the next two years of K-1 will be key. The current enrollment does not involve the new growth expected when the various building projects throughout Town come to fruition. Mr. Riley noted that it seems that repairs are not going help the problem. This is clearly an enrollment problem in terms of space. Dr. Galo said it was necessary that the MSBA agree that there is a problem and then to agree on a solution.
Mr. Rabuffo noted that this is a different environment that when the Town did the East School. Mr. Riley expressed concern that the Board may be putting the Town in a situation where it would be obliged to go forward. Ms. Burns pointed out that there was no obligation and that by not signing the SOI it would close off an option to the Town. Mr. Riley noted that the SOI does not have to be in until November 13 and suggested that this be discussed at the Economic Summit. Mr. Rabuffo agreed that he would like to socialize this. Ms. Burns pointed out that the Statement of Interest is how you start the discussion with the State. Dr. Galo said that there is a problem of an aging building, a lot of kids and core space problems. There is an agency willing to help the Town determine the scope of the problem and possible solution. The solution would require a minimum three years planning and three years construction.
The Board agreed to put this on the agenda for the upcoming Economic Forum.
Meeting adjourned 10:30 pm.
Betty Foley, Clerk