Loading...
HomeMy WebLinkAboutmin brd of selectmen 02/18/04 r Board of Selectmen Minutes of February 18, 2004 <;" f: D Present: I'TS Michael W. McCue, Chairman; Steven W. MacCaffrie, Vice Chairman; Roger S. Achille, Clerk who arrived late due to a work commitment; Selectmen David W. McCarter and Louis P. Amoruso. Town Manager John O. D' Agostino The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 34 in the amount of $2,534,996. 13 Motion: To approve (MacCaffrie-Amoruso) 4-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of February 11,2004 Selectmen's Meeting Motion: To approve r (MacCaffrie-Amoruso) 4-0 Passes Mike Eldrige, Filmore & Stearn President, and Tom Devlin, Vice President of Sales, made a presentation to the Board of Selectmen on their ability to assist the Town of Mansfield with ambulance billing and collection. Acting Fire Chief Bellavance had spoken with Mr. Eldrige about trying to collect some of our uncollectables, but he declined and offered to make a presentation to the Selectmen. Mr. Eldridge noted the company Mansfield already has is doing the collection work on the people who have insurance. They are limited on the number of times they can contact the debtors and it is his understanding there is approximately $400,000 uncollected. They understand the problem of going after people and are sensitive to it. The current vendor only does a letter and three phone calls. Some of the outstanding amounts are three or four years old. Filmore & Stearn would not be doing the Town justice in coming in and contacting those people again. If they have insurance, it's been declined or is in the middle of determining the validity of the claim-or the insured is responsible for the amount due. He does not believe going in and harassing people would be the correct approach. It is a valid debt owed to the Town and it's money the Town can certainly use. Filmore and Stearn is a nation-wide collection agency. They've taken on several nursing r homes and medical facilities and have started a division to take care of this type of bill. Board of Selectmen Minutes of February 18, 2004 1 r " They are bonded and licensed in Massachusetts and are HIPP A certified. As former town officials themselves, he and Mr. Devlin have received many calls asking about their interest in doing collections. There are privacy issues that have to be considered. Currently they have appointments with seventeen cities and towns to address this issue. The current company employed by the Town does billing-they are not a collection agency. They cannot do justice to the Town when they're only allowed to follow up with a letter and three phone calls. Mr. Eldrige stated he understands the Board's need to be sensitive. The process would start with the Chief or someone in charge of ambulance fees issuing a run sheet with the name and information of each debtor. They would send out a polite letter noting they are representing the Town. They would go after the oldest debts first. They are currently running 37 percent recovery, which is high in this industry. Many of the people probably received the letter and discarded it and assume the Town is providing this service and they've paid for it through their taxes. When people realize the insurance company has an obligation to reimburse the Town, they are usually willing to send the bill in for payment. If there's a dispute, Filmore & Stearn would check into it and attempt to resolve it. They also have skip-tracing software to find people who have moved. Massachusetts consumers are protected by the Fair Debt Collection Practice Act and the residents are well-protected. In doing collections they are aware of the delicacy of the matter and approach it accordingly. There's also the opportunity if someone is willing to pay to set up a payment plan. They collect on a percentage basis of 5 percent of anything collected. On a normal commercial basis it's usually 25-30 percent. r Mr. Devlin noted they wouldn't be here if the Town were satisfied with the efforts of the current collection agency with $400,000 outstanding. Mr. Eldridge noted the Town is tying the hands of the collection agency by allowing them to only send out one letter and make three follow-up phone calls. They're not looking to handle the "easy" outstanding bills and would go after the older debts first. They would prefer to do both the billing and the collections. One bill is not a good effort to collect. A late charge or interest added could cover the cost of the collection agency and also gives the collection agency leverage to negotiate payment by waiving the interest. The sensitivity of the matter needs to be considered regardless of who handles it. They do not report to any credit reporting agencies unless their client requests it. Selectman McCarter noted a statute that allows doctors to put a lien on the case. Mr. Eldridge noted many doctors don't do it because they don't want to lose the patient and simply write it off year-end. He recommended that whoever the Town decides to use for collections they be given the oldest debts to collect first. They provide professional service with full accountability. r Selectman Achille asked Mr. Eldrige if they follow-up through litigation. Yes, but they could not to that for 5 percent. That would have to be handled on an individual basis. If they are not successful in getting a response, they send a certified letter to ascertain that the individual lives at the address provided. Depending on the amount owed, they would utilize an attorney to send out another gentle letter. There are options the Town can take, Board of Selectmen Minutes of February 18,2004 2 r "I r r such as placing a lien on real estate or property owned by the debtor. Typical bills in Mansfield run between $200 and $700. The vendor's hands are tied if the Town is directing the collection agency to send only one letter and follow it up with only three phone calls. Mr. Devlin noted the current vendor is having problems in several cities and towns in Massachusetts such as the ones Mansfield is having. Most Boards of Selectmen are not even aware of the problem. Mr. Eldridge said he would not take the job with the restriction of one letter and three phone calls. Motion: To set up a collection policy in the manner described and have the Chief put together a package for the Board's review and Town Manager's approval to include billings and collections. (MacCaffrie- McCarter) Selectman McCarter noted he believes they understand our predicament and would like to give them a chance. Town Manager D' Agostino reported Mr. Devlin contacted him and made him aware of the magnitude of the problem. If it exceeds an estimated value of more than $25,000 it would have to go out to bid. Vote: 5-0 Passes Town Manager D' Agostino: · Referred to a memorandum from Park and Recreation Director Lorilee Fish regarding the Fales site. We have Town Meeting authorization to sell the property. If the property is sold, they would like the money earmarked for a future community center for the Town of Mansfield. While it is a goal we certainly want to achieve, we would have to go back to Town Meeting if there is a desire to sell it. It was noted that the Local Housing Partnership is looking to gain property and if it remained in our affordable housing inventory there would be money to do the repairs necessary. There's also the possibility of Habitat for Humanity taking it on as a rehab project for affordable housing. If it is to be sold at less than fair market value, a Town Meeting vote would be necessary to do so. Selectman McCarter noted the number of capital projects that need to be done because they have not been funded in the last couple of years. If it were to be sold at fair market value, the proceeds would go into the General Fund. Selectman Amoruso pointed out there is also a need for downtown parking in that area. · Now that the Train Station is open we are going to explore the possibility of gaining local control from GA TRA. They do not want to run it on a day-to-day basis and commuters would like to see it kept open during the day. He would use the senior work program to do this during the day. At night we will need access to the facility to open it up for public meetings of non-profit organizations. In discussions with Frank Gay he's indicated we would not do it unless we also received the revenue with which to do it. Chairman McCue asked if there would be a liability issue for the Board of Selectmen Minutes of February 18, 2004 3 r Town under that scenario. We have always been responsible and that is factored in. It appears unlikely that we would be able to get a concessionaire to operate it outside of the peak commuter hours. We could open it during pre-determined hours and have a kiosk at which people could pick up a schedule. There's also the possibility of an A TM machine being put in that, when accessed, would provide information about Mansfield businesses. · Noted working with the two individuals from the collection agency when he was in Blackstone. Selectman Amoruso suggested the need for a stronger policy and spoke of his experience with collections in the medical field. A point has to be established to determine when collection efforts are worthwhile. If we plan to combine billing and collections, he believes it will be over $25,000 and should be put out to bid. r · Indicated last week that he would be prepared to provide them with his budget priorities. The Finance Committee is anxious to start dialog with the Board. They've met with all the larger departments and many of the smaller ones. Public Safety is a major part of the budget and may need attention from a financial perspective. The addition of the two firefighter/paramedics that were originally proposed and cut in a prior year will be necessary to provide a staffing level to adequately meet our needs based on our population. If it's not addressed it will become a liability for our residents and will create a public safety problem. In the FY'06 budget we may also look at the addition of police officers due to additional housing established through 40B projects and the additional demand that will result from the commercial development going on. The need to hire a Chief Assessor is also essential. There will be a warrant article at Town Meeting to partially fund that position to get a person on-board prior to revaluation. The position is valued at approximately $65,000. The question was raised as to whether we would be bringing in someone experienced for $65,000 and, if so, why is there a learning curve. They would have to develop historical information. Selectman MacCaffrie suggested this person should be able to generate enough additional income to fund the position. Additional assessment information must now be provided on an annual basis rather than every three years as was done in the past. Once an appraisal process is in place, the number values are more uniformly established. Selectman Amoruso asked if the restructuring would require other changes. The Town Manager spoke about the proposed chain of command that would result. A Charter amendment with public hearings would be required. Selectman MacCaffrie suggested it may not be necessary to do a Charter amendment. The Town Manager will look at it with Town Counsel and make sure it's done correctly. He'd like to have the financial components reporting to a Chief Financial Officer so we don't have divisions between departments and we get people under the direction of one person to marshall the resources. r · There may also be a need to add an Assistant Inspector of Buildings which will be paid for through the fees generated. The Assistant Inspector was not funded when Mr. Cook retired as Inspector of Buildings. The volume of building taking place will require this addition. Selectman MacCaffrie suggested getting inspectors with overlapping skills who would be able to provide a dual inspection service. Board of Selectmen Minutes of February 18,2004 4 r The Town Manager's Report was temporarily suspended to allow for Questions and Comments. Peter DeTrolio, 496 Elm Street - asked the Town Manager about the work schedule for the Elm Street Bridge. Town Manager D 'Agostino replied that he does not have a direct answer because he has not had contact with MassHighway. Selectman MacCaffrie recalled seeing a letter in the readingfile on the subject. The Town Manager will contact them and attempt to get an answer. George Dentino, Gladiola Terrace - commented on hiring an Assistant Building Inspector, noting that when we were in the highest building boom we've ever seen there was less staff in the Building Department than there is now. He also noted the 40B projects may not require inspections on a local basis. He asked that the request for the person be considered, but the claim that the Town is growing be disregarded. He asked what the hours would be for this position. It would be part-time at 19-20 hours per week Mr. D' Agostino pointed out that 20 hours would require a full benefit package. He suggested the needs of the department should be the determining factor. r · He is not advocating the addition of new positions, but rather re-establishing positions that were cut due to budget considerations. We must also fund a Capital Improvements budget this year. We haven't done so for two years and cannot make up for that in this timeframe. Selectman MacCaffrie asked what the Town Manager considers a Capital Improvement-is it a necessity or something on a wish list that's up for grabs. A capital improvement is defined as something having a useful life of five years or greater and an initial capital cost of $10,000 or more. If the CIP decides they want to build a garage, that is in their prerogative as a committee. The first meeting is scheduled for February 24th at 6:30 p.m. and there is a list of capital improvement items that have been submitted. His concern in the budget process is that we had a prior infusion of money that we won't be having this year. The final aspect is the infrastructure needs that over time will only get worse and cost more if they are not addressed. We need to look at a significant bond authorization of $5-7 million. Selectman MacCaffrie asked for a bond analysis to determine what bond debt will be satisfied in the next few years. We're at a point where we need to begin to focus on the future. He views the budget as a planning document to do this in order to provide the types of services our residents desire. r · There's a public hearing tomorrow night on the Mansfield Affordable Housing Production Plan, and the plan and maps are available for review on the Town's website. Chairman McCue asked that it also be put on agenda for next week's Board of Selectmen Minutes of February 18,2004 5 ~ r meeting. We have sent out notification through Counsel, who will be sending out notification to the Depot I and II, to make sure those projects remain affordable. Selectman MacCaffrie asked if we're working on an article for Town Meeting for a by-law for inclusionary zoning. It was requested that a placeholder be put on the warrant for it. · The Medco event is scheduled for February 26th. He will be out of town during that period of time and will be appointing an acting town manager during his absence. Lacerta Group has finished purchasing a parcel of property in Mansfield. They are a manufacturing company moving from Boston to Mansfield and are an upstart group looking at a phased development approach. They expect to be expanding in the next two to three years. He is continuing to meet with another company who is exploring Mansfield and has lucrative tax incentive financing being offered by others. We have indicated our interest in working with them. Chairman McCue offered the Board the opportunity to present goals and objectives established for the Town Manager. If everyone is not prepared it can be deferred to a future meeting as it is not time-sensitive. The consensus of the Board was to place it on the agenda for March 3 rd. r Selectman McCarter: · We never voted on the ambulance billing rates and asked if and when we will be doing that. The Town Manager will provide the paperwork necessary to properly review prior to making a decision. · Asked when we will be getting the Mullin report. We will have to follow-up with Dr. Mullin. We just received Lee Azinheira's response to it and we're waiting for the Police Chief's response. There was also a lapse from when we talked about it and when we got the money from the school to begin the study. · Asked for a financial analysis of how we're doing at Mansfield Green. · Ask Town Engineer about potential water issues with the development in West Mansfield. Get information by next week. Selectman MacCaffrie: · We were going to invite the gentlemen from Bristol County Retirement to come talk to us. Mr. Walsh is out of Town and Richard Boucher will schedule him when he returns. ( Board of Selectmen Minutes of February 18,2004 6 r · Asked that we schedule a specific date to have the Fire Chief in to talk about inspection fees. · Asked if the Request For Proposals for the combined Light and Town Auditors will be bid in combination or singularly because our Light Department auditor is done in about two months if he gets all the information and that will conclude their annual audit. The Town Manager will check to find out when the new one for the Town would start. Find out how much it is to get the costs earlier. Selectman McCue: · Asked if we're all set with our responses on representatives for the TIF Committee. Will check with Shaun Burke. · Is still interested in having an off-site Selectmen's meeting. Motion: To hold the March 24th meeting off-site pending a suitable location (MacCaffrie-Achille) 3-2 with McCarter and Amoruso opposed Passes Selectman Amoruso: · Asked if anlone will be here for the MMA meeting to be held in Mansfield on February 26 . There is also a Bristol County Selectmen's meeting that night and the MMA meeting may be rescheduled. r · Asked about having a televised pre-Town Meeting session to give people an opportunity to ask questions and get information in preparation for Town Meeting. Warrants would have to be available for that meeting and the Town Manager and Superintendent Moretti would need to be participants. Selectman McCue: · Came across a resolution from the Town of Arlington directed to the 40B law that includes state-wide inclusionary zoning and units to be in perpetuity. Will ask that copies be made and distributed to Board members for their consideration. Selectman MacCaffrie: · Would like at an upcoming Light Commissioners meeting to put on the agenda to have a Light Department Manager separate from the Town Manager. r · Asked at what dollar point we shut contractors off; i.e. if there's an outstanding detail bill of $126 for a given time, do we refuses to issue them additional permits to do work. Or can we have a contractor put up Police Detail retainer in advance if it's a long-term project. It's now handled between the Police Department and Treasurer's Office, but we can talk about it. Doesn't want to get into a situation where someone owes us $3,000 and then declares bankruptcy. Board of Selectmen Minutes of February 18, 2004 7 · · RB Brown Company Audit - says there are some common variances (FY02). One r account that had the common variance was the School Department for lunch deposits. They've established a new type of account where it's done on a weekly basis. There's a $5,450.38 Variance that needs to be written off All other variances were accounted for and it's now being handled differently. · Accrued sick and vacation time - no liability recorded. In the contracts they have to give a year's notice-- November 30th or Dec. 1 st if leaving in the fiscal year so we can account for those monies in the next budget. Motion: To adjourn at 10:15 p.m. (Amoruso) 5-0 Passes ;;¿~tf-- r r Board of Selectmen Minutes of February 18,2004 8