Selectmen's Meeting Minutes 01/05/2021
Meeting of the Board of Selectmen January 5, 2021
Phone: 669-224-3318
Access Code: 220-595-605
7:00 p.m. Regular Selectmen’s Meeting – with Remote Public Access
Chairman Patricia Riley called the open meeting to order at 7:02 p.m. in the Donald McKinnon Meeting Room at Town Hall. In addition to Chairman Riley, Selectmen Joseph Pacheco and Richard Schiavo were in attendance. Ms. Riley announced, “Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G. L C.30A, §18, and the Governor’s 2020 Order imposing strict limitations on the number of people who may gather in one place, this meeting of the Raynham Board of Selectmen is being conducted with the Public Body members in person at Veterans Memorial Town Hall and with the general public following the proceedings remotely. Every effort has been made to ensure that the public can adequately access the proceedings as provided for in the Order. For real time access, residents can join the live broadcast on the Raynham Channel, use the “gotomeeting” online feature, and/or call in using their phone. The Town will post a record of this meeting on the Town’s website as soon as we are able. Also, in accordance with the Executive Order, other town officials and staff participating in the meeting and in attendance include, in addition to the Selectmen, Town Administrator Graham Waters and Recording Secretary Janet Murphy.
Pledge of Allegiance – Ms. Riley led the Board in the Pledge of Allegiance to the flag.
Acceptance of the Minutes
Ms. Riley asked for a motion to accept, as printed, the minutes of the Selectmen’s meeting held on December 22, 2020. Mr. Schiavo made a motion to accept, Mr. Pacheco seconded, and Ms. Riley made it unanimous.
Department Heads & Committees – attendees online
- Police Chief Jim Donovan called in to the meeting to give his monthly report. He said that the department had logged over 1,800 calls for the month of December with 547 calls received via 911, and 56 people were booked. Chief Donovan said that the month of December was a very active month. He remembered John Borges, a Taunton Police Officer who passed away recently as a result of COVID-19. Chief Donovan said he was an outstanding Police Officer who worked with the Raynham Police many times. The Police Department has experienced the worst of COVID with six Officers testing positive, but all now have recovered. He reported that Pam Silva has retired and she will be missed. Heather Correia has taken over her role and is doing an excellent job. Chief Donovan praised the work of former IT consultant Tim Grabarz for all his efforts for the Police Department and noted that he will be missed.
- Park and Recreation Executive Director Tim McRae – Regular Report
Mr. Waters said that Mr. McRae was not available because he had a prior commitment.Mr. Pacheco added that Mr. McRae hadn’t been told in advance that he was going to be on the agenda. He added, “Going forward, if we could make people aware that they are going to be on so they can make appropriate scheduling accommodations.” Ms. Riley replied, “Sure.”.
- Health Agent Matt Tanis called in to give his COVID-19 Update. Mr. Tanis said, “We are very much in the surge. The total number of cases in Raynham, going back to last March, is 847, with 128 from long-term care facilities and 719 not associated with long-term care facilities. Deaths reported from long-term care facilities total 59. Total deaths from Raynham residents are seven, and 552 total recoveries have been reported.’ Mr. Tanis said he is watching the new variant which seems to be more contagious. He is receiving good compliance from workplaces in reporting positive cases. The vaccine for First Responders will begin next week and Raynham has partnered with Bridgewater and Brockton Hospital for the vaccinations. He will report on the different groups when they are identified as eligible to be vaccinated. The Board thanked Mr. Tanis for his hard work. Ms. Riley offered condolences to the family of Eleanor Calvin, a beloved music teacher in Raynham who passed away recently from COVID complications.
Completion of Old/Continuing Business
Mr. Lewis, Chairman of the Search Committee, called in to update the Board on the search. He said, “As you know, about two months ago, we started this process to hire a new full-time Town Accountant and Budget Director. Unfortunately, we didn’t have any luck in finding someone who met our criteria. About a month ago, we changed it to not include the Budget Director and we went back out and advertised in a number of different places and again we had no applicants that met our criteria. We had a committee meeting last week and it’s our opinion that we increase the salary that started out at $85,000. Our committee recommends that we go up to $100,000 for the Town Accountant position. Mr. Waters and Mr. King did a survey of the local area and found that the average salary for a Town Accountant was $97,500, so we are recommending $100,000 and that we go out and advertise again. This is a very tight job market and to get someone qualified will be difficult.” Mr. Pacheco said, “I had an opportunity to speak with him so the news it not a surprise.” Mr. Schiavo said, “Two things, first I want to thank you, Bill, for the outstanding job in communicating with the Board, and my second point is if the average salary is $100,000 and we are out there competing, I would suggest that the Board approve it as up to $105,000. Let’s move the mark a little bit so we stand out and that doesn’t mean that we can’t come in at $100,000 or $99,000 or whatever. I personally feel we are playing it too tight. My recommendation and motion to the Board is that we repost this position at up to $105,000.”
Mr. Pacheco said, “I will second for discussion. I would like a week to think about our options because I personally believe that if we are going to start going into the 6-figure range, keeping in mind that it was part-time and he made about $50,000 a year and we are not budgeted for $100,000, then we go back to my original proposal which was expanding the responsibilities. I am saying we should take it under advisement tonight because it’s a significant salary increase, and we are potentially talking about adding duties. It’s apparent it’s not the combined job at least that prevented people from applying. It was the salary. I think the Board would be wise to pump the brakes for a minute and set the best path forward for the Town. At this point, we’ve posted twice at an expense to the Town and we’ve had no applicants, I think for $105,000 a year, we really need to make sure that the taxpayers are getting well serviced. That would be my request and recommendation.” Mr. Lewis said, “I’m concerned that a part-time person is in there now working 10 – 15 hours a week and I don’t know that he has completely closed out 2020 yet and I don’t know that we have posted everything for FY21 yet. I don’t believe that we are ready for our audit this year and the audit should have been done two months ago, so time is of the essence. And kicking the can down the road another one or two weeks in my opinion is a mistake. We should get somebody in that position.” Mr. Schiavo said, “I understand Mr. Pacheco’s point, but I take Bill Lewis’s, the Search Committee Chair’s point very seriously. We, as a Town, are falling very far behind on our accounting responsibilities to the point where it’s getting very serious. Mr. Lewis has already stated at the outset that we are into this process for two months and we’re not there and waiting another week isn’t going to put us anywhere because the reality is the going rate is $100,000 and that’s not going to change.” Mr. Schiavo asked how many towns were surveyed to come to that average. Mr. Waters replied that 19 different towns were surveyed. Mr. Schiavo said, “I have to say that number of towns has some serious significance. My motion is to go forward and re-advertise the position for up to $105,000. It’s time we had a full-time accountant, and it’s time to move away from part-time people who are temporary. I think this town deserves the accountability of somebody who is here five days a week to answer questions when they are needed, not when the person happens to be here.” Mr. Pacheco said, “Just to clarity, I’m not disputing the salary. What I’m saying is if we are going to go to that range, can we maximize the position more?” He asked Mr. Lewis, “Bill, have you had any discussions about rejoining the positions of Budget Director and Finance Director?” Mr. Lewis said, “I know you like that, but I don’t agree with that. I think we should look at hiring a Director of Finance at some point, and, based on our job search, in other towns those people who are doing both jobs are getting paid $120,000.” Mr. Schiavo said, “We started off with a job description that was a combination of Finance Director and Town Accountant, and there was an awful lot to that job description. We are having great difficulty finding an accountant. It is a very difficult thing. The numbers are around $120,000 for that combination position, which is probably conservative. I think we have to separate the two and get that accountant in. We need that desperately and then deal with the other problem in due course as Mr. Lewis has said, and that is my motion.” Mr. Pacheco said, “I will begrudgingly go along with it, but I just want to caution the Board, as we continue to shoot from the hip, we will be making more mistakes. We are in this position for a host of reasons, which is why months ago I asked for us to move forward with this position and it’s been vacant for almost a year now. Now, we are in such dire straits that we’re forced to increase the salary to over $100,000 a year and make rash decisions because we have no other options left. I would hope that the Board would heed my advice and be a bit more proactive to prevent these types of situations moving forward. This is a precarious situation that doesn’t reflect well for the Town.” Ms. Riley said, “I would agree with your comment to be proactive, but I would disagree with the comment of shooting from the hip. We have an excellent Search Committee including two CPA’s, Mr. Lewis, the Town Administrator, the Treasurer Collector, and they are recommending this, so I don’t think this is shooting from the hip.” Mr. Waters listed the towns surveyed and he said most are from the South Shore and are similar communities to Raynham. He noted that some of them do have part-time accountants. He explained, “Depending on the number of hours they listed, I extrapolated that out to 33 and ½ hours.” Ms. Riley asked for a roll call vote, which passed unanimously. She stated, “It’s a unanimous vote to readvertise the position at a salary up to $105,000.”
- Service Contract with MX Consulting Services, Inc.
Mr. Waters asked that this item be tabled until next week’s meeting and said, “I received an email from Atty. Pietnik and I incorporated the changes that Atty. Pietnik made and discussed this with the Fire Chief. It’s only in a draft form.” Mr. Waters added, “MX has started working for the Town and they have been working closely with Tim.” Mr. Pacheco asked, “This is MX’s standard contact?” Mr. Waters replied, “No, this is a standard contract and I tried to customize it for the Town.” Mr. Pacheco said, “One of my concerns is this and this is why I advocated for an RFP especially if we are drafting a contract. We may be missing opportunities to get other services that we wouldn’t know about. I would like to see a contract from MX, and the other concern is on Page 11. It speaks to four hours per week at the office on Wednesdays from 12:30 to 4:30. This alone is a cost of $19,760 and next year this will go up $20 an hour. I’m not comfortable with that as some of our staff will start teleworking where we have no need for them to be there. We are committing ourselves to paying that amount. To me, one of the reasons we were going with MX is their proximity and staff sizing, so I would strike this out and save the taxpayers some money and have an on-call service where they would have to respond in a fixed period of time to resolve a problem. It doesn’t seem right to pay $20,000 in year one for a service we may not need.” Mr. Schiavo asked, “Do we have a copy of their standard contract and specifically their down time of not more than five minutes? Is that standard in other towns?” Mr. Waters said he will ask them for a standard contract. He explained, “What they sent over when we began services with them was general pricing. That is why I wanted to have a contract in place.” Mr. Schiavo said, “We should definitely get a copy of their contract. I would be very interested in what their contract says regarding down time and that could be serious for the Fire Department.” Mr. Waters said, “I will go forward with that.” Mr. Pacheco made a motion to table the matter for one week, Mr. Schiavo seconded, and Ms. Riley made it unanimous.
New Business
- Discussion: Equitable information sharing
Mr. Pacheco said, “A few months back, we had voted unanimously as a Board to ensure more equitable communication amongst the Board and I am disappointed to say it’s not happening yet.Last week there was an issue that came forward by you, Madam Chair, and it was not shared by the Town Administrator to the rest of the Board.As the Board knows, when I send correspondence to Mr. Waters, he routinely replies and incorporates the two of you and occasionally impacted parties via email.I have asked numerous times if I am the only one that asks questions because my questions and answers to those are the only ones that are shared.He said I was the only one who asks questions.I was really shocked to find out that you had posed a question, Madam Chair, and there were conversations about it and that the rest of the Board had no knowledge of it.”Ms. Riley said, “Yes, and there is a reason for that if I could explain, Mr. Pacheco.In my regular meetings with Mr. Waters, as we all have the ability to have meetings with the Town Administrator, I mentioned to him that I had heard a rumor, not a complaint, that had been brought to my attention, and I asked him to check with the Department Head and get the facts, so that I could dispel the rumor. I particularly asked him to follow up on that rather than bring that to the attention of the Board because I did not want to give the rumor the credibility of bringing it to this Board.If Mr. Waters had found that there had been any legs to that rumor, then it would be appropriate to bring it to the Board, but to raise it to the level of bringing it publicly to this Board, and that’s what happens when you share an email between members, an unsubstantiated rumor, I think that would have been totally inappropriate.”Mr. Pacheco said, “It didn’t have to be by email. The point that I’m trying to make is that when I pose questions, information is shared by everybody and that is not happening across the Board.We should all be on the same page with stuff, especially as you know, different people in the community reach out to us with different questions.I would not be prepared to entertain a conversation about a particular topic for discussion right now because I have no knowledge of it. That is the concern that I have. I am not at all criticizing you for asking Mr. Waters. That is not the criticism here. The criticism here is that when I ask questions, they are shared with everyone, but to make a level playing field, and to make sure we can do the jobs we were elected to do on an equitable level, then that rule has to apply to all of us.There are many ways to communicate with the Board outside of a group email.We should all get the exact same information. It should not be one set of rules for Mr. Pacheco, one set of rules for Mr. Schiavo and one set of rules for you, Madam Chair.That’s unacceptable.”Ms. Riley said, “Mr. Pacheco, to clarity the issue, Mr. Waters never responded to me on that information.The Department Head did respond to me and to you and that’s how you heard about it and you got the same information that I received and so did Mr. Schiavo.”Ms. Riley added, “I just want to caution the Board as far as sharing of information. We have to be really careful of the open meeting law.The open meeting law pertains to the sharing of information. I have this document that cautions, particularly with regards to emails, that you try to limit to the extent possible the discussion of town business.We have to really be careful about the sharing of information.”Mr. Pacheco said, “I’m not saying that we should be discussing this, but the open meeting law allows the Town Administrator to communicate with the members of the Board of Selectmen.I work, so I’m not available to come to Town Hall during business hours to meet with the Administrator. The way I communicate is with email and formally by telephone.I need and expect to get the same information the rest of the Board has.In my 14 years, it has never been an issue until this past year.”Ms. Riley said, “In the past 14 years, there have been issues about the open meeting law.”Mr. Schiavo said, “I understand the equability. To me, that’s pretty average. I’m not sure where the fine line is pertaining to the open meeting law. I’m not aware of any instances where that has been seriously broken, but I think we need to adhere to that which is the open meeting law.”Ms. Riley said, “We meet once a week. If one of us asks a question, that’s town business, of Mr. Waters, he can report back in open meeting rather than having group emails circulating.”Mr. Pacheco said, “That’s fine if that’s going to be the process, but I asked Mr. Waters why I didn’t know, and he said he wasn’t planning on telling the Board.”Mr. Waters said, “That’s not entirely true. What I said was I wasn’t planning on telling the Board because there was nothing to the rumor that I was seeking an answer to, and if there is nothing that rises to the Board’s attention, then there is no sense in bringing it to the Board.”Mr. Pacheco said, “When a member of the Board becomes aware of the issue and has no knowledge of it, that automatically rises to the Board’s level and that goes to the fact that it should not be your decision what the Board knows.”Ms. Riley said, “Let me make a suggestion. Perhaps, we could revisit the policy that you proposed before and maybe fine tune it a little.” Mr. Pacheco said, “I’m fine with that and if you are that concerned with the open meeting law, because I don’t think this is applicable, why don’t we have Town Counsel weigh in. I’m very confident that he’s going to say that the Board has the right to liaise with the Town Administrator and get information, so that would dispel any violations or dispersions of the open meeting law.When one of us carries more information than the rest of us, it’s an unfair playing field to best serve the residents and that is unacceptable to me.”Ms. Riley said, “It’s unfortunate that before or after the meeting you don’t have a chance to meet one-on-one with the Town Administrator.”Mr. Pacheco said, “I was here at 6:30 and I’m here early every meeting, and there has never been an opportunity for him to bring me any issues or concerns.I ask by email, which is my right, and I get responses that as you know are again shared with the entire Board.”Ms. Riley said, “We need to revisit that too.”Mr. Pacheco said, “All I’m asking for is that I get the same information that you and Mr. Schiavo get. I think that is fair.”Ms. Riley said, “Tthat policy can be revisited and brought to the attention of Town Counsel.”Mr. Pacheco said, “I want to make that in a motion so I can make sure that this is memorialized.” Mr. Schiavo seconded the motion and Ms. Riley made it unanimous.
- Discussion and action: Expiration of Families First Corona Virus Relief Act (FFCRA)
Mr. Waters said, “This has been brought to my attention, that the FFCRA is expiring effective December 31, 2020, and no longer covers our employees who have COVID issues.I have put in your packets a summary of what is covered and specifically some challenges for an employee who doesn’t have the ability to work remotely. If their child is placed on COVID restrictions, that employee will have to take sick leave, now that the FFCRA has expired.Also attached to the one-page summary, I have included a sample of what Easton has adopted as a new policy.I had an opportunity to discuss this with Atty. Emerson and what the Town’s obligations are. We still have employees that are still impacted by COVID and having to use their sick time in lieu of coverage by the FFCRA.Some ideas are that the Town can continue the terms of the FFCRA at the Town’s expense for a finite amount of time with modifications or do nothing and the employee can go on an FMLA.” Mr. Pacheco noted that it would have been helpful if the Board had received the document in advance of the meeting to review. He added, “But where it’s already expired and the Police and Fire Departments are being exposed regularly and not protected, my recommendation and motion is to adopt Easton’s proposal for a period of time, until such time as we revisit it, and if we need to make any further determinations on it, we can then do so.” .Mr. Schiavo seconded the motion. Mr. Waters said, “I could draft this for the Town and submit it to Atty. Emerson to review and get back to the Board and if there are no comments, then go ahead and implement it.”Mr. Pacheco said, “I would just say we approve it contingent upon Atty. Emerson’s responses, and if there are any recommendations, we will amend it, but we need to get something in place because literally right now a Police Officer or Fire Fighter could be getting exposed.”Mr. Schaivo said, “Easton’s package has been vetted and that puts us in the game. Let’s do that and, in the meantime, we can go back to Atty. Emerson and recheck it, but let’s not postpone it, and I second that.”Ms. Riley asked for a roll call vote, which passed unanimously.
Town Administrator’s Report
Mr. Waters reviewed his report and stated that, “I have been working with our HR Consultant to draft the Human Resources job description and I should have something to bring before the Selectmen for the January 12th meeting.” He also reported, “The deadline for filing the CARES Act reimbursement has been moved back to December 31, 2021, as a result of the recent COVID legislation that passed through Congress.”
Mr. Waters added, “I have placed copies of the budget expense reports in the Selectmen’s mailboxes. Revenues are coming in at a regular pace. All liquor licenses and about 90% of food licenses have been renewed, with the anticipation of the usual late set of establishments renewing over the near future. Building Permits are also coming in more than budget, which is something the Town cut as a revenue source in anticipation of a slower economy and higher building costs. I will have exact numbers in the near future.”
Regarding the General Code Bylaw project, Mr. Waters reported, “I have emailed the department heads to review the Editorial and Legal Analysis document and I have asked them to return their responses by January 11th. I hope to have this item added to the January 12th agenda for discussion by the Board on how to proceed. I have heard back from the ACO and Fire Chief on updates that the Town needs to implement to stay current with state law. These are bylaw changes that need to be implemented outside of the General Code project.”
On another matter, Mr. Waters said, “The transition with MX Consulting Services is going well. They are receiving full support and cooperation from Tim and have resolved a lot of the critical, outstanding items. When an employee submits a request, a support ticket is generated, and a permanent traceable record is established. A bonus with MX is their ability to provide alternatives for vendors which their other municipal clients may be utilizing. As an example, they were able to name off three different permitting software vendors their clients use as well as naming some of the pros and cons that the client experienced of each.”
Regarding upcoming meeting, Mr. Waters reported, “The next regularly scheduled Board of Selectmen’s meeting will be held on Tuesday, January 12, 2021, at 7:00 p.m. in the Don McKinnon Meeting Room at Town Hall, 558 South Main Street in Raynham. The public will be able to participate via the GoToMeeting platform or by watching the RayCAM Channel on Verizon, Comcast, or a recording posted later on YouTube. There will be a Special Town Meeting held on January 12th at Town Hall to vote on a transfer of ambulance receipts to the ambulance account to fund operations for the second half of FY21. The amount is approximately $401,000. “
Mr. Waters added, “Tomorrow the Finance Committee will meet and the agenda has been posted on the Town’s website.”
Mr. Pacheco asked if the Finance Committee and Capital Planning Committees have been informed of the Board’s vote two weeks ago relative to Capital expenditures. Mr. Waters replied, “Yes, although I have been having trouble getting in touch with the Chair of Capital. His email bounces back and I haven’t been able to raise him by phone either, but Fin. Com is aware.”
Mr. Pacheco asked, “Relative to General Code and the bylaw project, a while back I had asked about going through the old Town Reports to ensure that we’re not missing anything because, as I understood, it was not part of the scope of work. Have there been those conversations to make sure if we are paying this price that we are doing the right ones?” Mr. Waters said, “That was not part of the scope, but I did reach out to them to ask for them to provide a price and they will need a little more information and I included in the conversation the Town Moderator and Town Clerk. The Town Moderator thought that we could do it in house for less expense.” Mr. Pacheco said, “I think that we need to have a consensus of what we are doing. I don’t know personally who would be able to do that in house, but my preference is if we are going to go to this length and cost to do the bylaw project, we should make sure that we are doing it 100% accurately and the best way to do that is to review Town Reports which reflect Town Meeting votes. Do we know who would do it in house?” Mr. Waters said, “It could be a combination of staff or volunteers. One item that Michael King brought up was the need to go back and see which State legislative options we’ve opted into because he believes the list that we have on the current document is outdated and only goes back to 2010, so that would be part of the project. In my conversation with the Town Clerk, we came up with the idea of going through all of the Attorney General’s opinions to see which ones have been included. Also, the DLS study recommended coming up with a bylaw committee”. Mr. Pacheco said, “I think it would be worthwhile to get a quote from the consulting firm and give them whatever information they need to get us that quote, so the Board is prepared to make whatever decision it wants to make.” Ms. Riley asked, “Do you want to make that as a motion Mr. Pacheco?” Mr. Pacheco replied, “Yes, so moved.” Mr. Schiavo seconded and Ms. Riley made it unanimous.
Selectmen’s Report
Ms. Riley said, “The Special Town Meeting next week will just be a transfer of funds. It does not involve taxpayer money.”
Mr. Schiavo said, “I would like for us to have an Executive Session after next week’s meeting and the purpose of that would be to discuss our options with regard to pursuing the Financial Director or Budget Manager position. In as much as we are proceeding with searching for a Town Accountant, we need to cycle back and see where we are with the Financial Director.” Ms. Riley said, “We will take your request under advisement, so we can check with the Executive Session obligations to make sure that can be discussed in Executive Session.”
Ms. Riley also noted that the FY21 real estate tax bills were mailed out on Dec. 31st, and the Town Clerk’s Office now has nomination papers for the 2021 Annual Town Election. They are available by contacting the Town Clerk’s Office and the last date to obtain nomination papers is March 4th at 5:00 p.m. Ms. Riley also noted that the Transfer Station recycle permits are now available for 2021 and the Raynham Public Library wises everyone a happy New Year. The Library is inviting residents to schedule a 30-minute visit by calling the library or going on the library’s website to make arrangements.
Ms. Riley also stated, “Trying to navigate the Town website is challenging and the website needs to be updated. Could we possibly have a tech-savvy SAVE volunteer assist us with that?” Mr. Pacheco said, “We will need to look into the contract as it is posted by a company and is only about 3 or 4 years old. It’s a template. We just update the content, not the layout, so we may not have the ability on the present layout to do that.” Ms. Riley said that even just updating the information should be addressed. Mr. Pacheco said, “The content would be easy to do.” Mr. Schiavo said, “I totally agree that’s needed. People are so reliant on online communication.”
Correspondence
Correspondence was received from Governor Baker announcing the award of a Recycling grant of $2,800.
Citizen & Community Input
Town Clerk Marsha Silvia called in and wanted to discuss the General Code and the bylaw project, She stated, “I had suggested that someone that we have do our Town Reports can scan the Attorney General files that I have in our office and get them to General Code if that is something that you want to think about. Many of the files go back to 1930.” Mr. Pacheco said, “It sounds like it would be extremely helpful.”
Performance of Administrative Duties
Mr. Schiavo motioned to approve the Town of Raynham Payroll and Invoice Warrants dated January 5, 2021, as submitted, Mr. Pacheco seconded, and Ms. Riley made it unanimous.
Mr. Schiavo then made a motion to approve the Police Department Payroll and Invoice Warrants dated January 5, 2021, as submitted. Ms. Riley seconded the motion and Mr. Pacheco abstained. It was so voted by roll call vote with Mr. Schiavo and Ms. Riley voting in the affirmative and Mr. Pacheco abstaining.
Adjournment
At 8:00 p.m., the Board voted to adjourn the meeting.
Respectfully Submitted,
Janet Murphy, Recording Secretary