December 19, 2016 minutes

Chairman Crawford called the meeting to order at 7:00 p.m. Chairman Crawford announced that the meeting was being recorded for transmission by cable television.

Interview for Recreational Path Committee

Leah Hook, a two-year resident of Town, appeared before the Board to interview for a vacant position on the Recreational Path Committee.

Ms. Hook said she is an attorney, has two young daughters and is the director of community relations for the Lynnfield Moms Group. She said her family might use the recreational path and said there may also be reasons not to build it. She said she would consider the pros and cons with an open mind.

Chairman Crawford thanked her for coming forward and said the Town will learn soon whether federal or state fund are available for the project. He complimented her on resume. Selectman Dalton said he was glad to see she was approaching the subject with an open mind. Selectman Barrett thanked her form   her works with the Lynnfield Moms Group and said the Board is looking for someone impartial.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Leah Hook to a vacant position on the Recreational Path Committee for an indefinite term.

Application for a common victualler license and weekday entertainment license, Skeleton Key, 663 Market Street

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a common victualler’s license and weekday entertainment license for Skeleton Key, 663 Market Street. The entertainment license is for recorded music and television. The Board had granted a beer and wine restaurant license to the business at its previous meeting, at which the owners explained the business.

Emergency declaration, Perley Burrill property 914 Salem Street

Selectman Barrett recused himself from this discussion, as he is an owner of an abutting property, and sat in the audience during this matter.

Town Administrator James Boudreau said that he is recommending that the Board adopt a declaration of emergency regarding the property at the former Perley Burrill filling station at 914 Salem Street, taken by the Town in tax title proceedings. He said the property is in a state of serious disrepair and that it needs to be taken down to protect public safety and nearby properties. Since the Town has not appropriated funds for this purpose, the emergency declaration, if approved by the state Department of Revenue, would allow the Town to expend the necessary funds. The matter would be addressed at the annual town meeting in April.

Chairman Crawford agreed that an emergency exists and said he would like to see the buildings razed before winter, if possible, as snow load could cause them to cave in. He noted one building may affect a building on a neighboring property if it falls.

On the motion of Selectman Dalton, duly seconded by Chairman Crawford, the Board voted 2-0 (Selectman Barrett not participating) to declare a state of emergency for the expenditure of funds to address the threat to public health and safety at the Perley Burrill property, 914 Salem Street,

Appointment of records officers for Town departments

Mr. Boudreau said that recent changes to the state’s public records law requires that municipalities name records officers for each department. At the last meeting, the Board named Town Clerk Trudy Reid as the chief records officer for the Town. He said the Town is considering the purchase of software to facilitate on-line records requests and the tracking of responses to ensure compliance. He said further appointments would be made once the departments have been consulted.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint the following as records officers for Town departments: Inspectional Services – Winifred Barrasso; Clerk – Trudy Reid; Conservation – Elizabeth Adelson; Fire – Chief Mark Tetreault; Police – Captain Karl Johnson; Public Works – Michelle Sweeney; Planning – Kathy Randele; Selectmen/Town Administrator – Robert Curtin; Treasurer/Tax Collector – Christine O’Sullivan.

Resignation from Reading Municipal Light Citizens Advisory Board

Chairman Crawford announced that former Selectman David Nelson has submitted his resignation from the Reading Municipal Light Citizens Advisory Board effective immediately. He thanked him for his work and noted Mr. Nelson’s experience in the power and energy management field made him uniquely qualified for this assignment.

Renewal of annual licenses

Chairman Crawford read the listing of annual license holders recommended for renewal.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to renew the licenses for various Town license holders as listed on the appended document.

Public hearing, transfer of all-alcohol package store license, from KJA Inc., to Hops and Malt Liquors, Inc. 449 Broadway

Chairman Crawford opened the public hearing, duly advertised and posted for 7:15 p.m. on this date in this location. Theresa Barbadoro Koppanati Esq. of Baker, Braverman & Barbadoro, P.C., representing the petitioner, said the new licensee intends to purchase the assets, including the business, license and stock, from KJA, Inc. The owners have operated Kirkman’s Market in Brookline and own Common Market in Melrose. The operators are certified in alcohol service by the TIPS program, and the store will be equipped with a camera system. The layout of the store will be redesigned to make it more secure. The husband and wife owners, Mr. and Mrs. Bahvesh Patel, will be the only register operators.

Chairman Crawford emphasized that the Board is concerned with strict enforcement of laws prohibiting sales to minors. He said he was glad to see the owners have TIPS certification. Mr. Patel said they will be vigilant on this issue, and anyone who will be working the register will have TIPS certification.

Selectman Barrett said that the security piece and having owners on the premises would be a positive. Mr. Patel said that minor changes to the layout will be intended to make it easier to see everyone entering the store.

Selectman Dalton expressed concern that the owners have a month-to-month lease with a six-month notice of termination. Mr. Boudreau said the license would have to be surrendered if the lease is terminated.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the transfer of all-alcohol package store license from KJA Inc., to Hops and Malt Liquors, Inc. 449 Broadway, Bahvesh Patel, manager.

Proposed revision of ambulance and emergency medical services billing rates and procedures

Fire Chief Mark Tetreault appeared before the Board to propose a revision to the ambulance and emergency medical services (EMS) billing rates and procedures. He said some of these changes have come at the recommendation of the Town’s new billing service for EMS, to simplify billing practices and to conform to the current industry billing practices. The Board discussed this matter at a previous meeting and asked Chief Tetreault to return to provide additional information. He was joined by William Mergendahl, president of Pro EMS Solutions, the Town’s billing company.

The proposal includes charging an increased flat rate for advances life support (ALS) and basic life support (BLS) services while eliminating additional charges for services. This the preferred method for insurance companies as well as Medicare. It is comparable to the system used in other communities and will simplify the collection process.

Mr. Mergendahl said his firm has handled the Town’s EMS billing since July 1, and noted there is a 90-day lag in a billing cycle, so there is only one quarter of data for review. He said the average ALS bill in the period between July 1 and September 30 is $2,297. The proposed single rate for that service would be $2,150, plus mileage. The BLS rate would be $1,650. He said the current system leads to claim rejections by insurers.

In response to questions from Board members, Mr. Mergendahl said that the proposed rates reflect an average of a large group of communities. He said the rates also reflect an attempt to cover a substantial amount of the projected costs of the service.

Selectman Barrett said that since the resident should pay for charges rejected by the insurer, the new policy seems to protect the resident. Mr. Mergendahl agreed. He said many insurers will not pay for non-emergency services. Patients must pay for deductibles, but that is unavoidable in any system. No set of policies should be designed that might discourage people from calling 911 in an emergency. A community should have the most humane billing policies possible for this reason.

Medicare rates would remain unchanged, as they are set by the federal government. Patients will not be billed for charges above what the insurance company will pay, a practice known as balance billing.  Residents with financial hardships can fill out a form seeking a waiver of deductibles and co-payments. For balances of $200 or more after insurance payment and no response from the patient, the bill will be sent to a collection agency. The Board of Selectmen can waive fees if the Fire Department declines to do so.

Chief Tetreault said the current policy for forgiveness of costs is ties to the federal poverty level. The new policy would give more leeway to the Town to forgive some or all the debt. Mr. Mergendahl said it is better to have a policy rather than a committee review as there is no real way to vet the applicants. Chairman Crawford said most residents have private insurance, and deductibles have risen. He asked why BLS services would bill at a higher rate under the new policy. Mr. Mergendahl said that it is tied to the cost of service. He said the cost of a BLS run to the Town is not much less than that of an ALS run. Many communities have lagged in addressing the rate structure. Chief Tetreault said that the rates or tied to the call volume and budget.

Chairman Crawford noted that the rates would be on the higher end when compared to other communities. Mr. Mergendahl said that the rates are close, and Lynnfield is behind in switching to a bundled billing policy.  He said the Town can reduce rates by subsidizing the costs through appropriations.

Selectman Dalton asked how the new rate structure and policy fits into the bigger picture regarding the EMS enterprise fund. Mr. Boudreau said that it should help as the higher reimbursement from insurance companies will allow the Town to build a balance so that it can buy an ambulance from accumulated funds. The EMS fund has not built reserves in recent years. He said there is not enough data yet to determine if progress is being made in this area.

Mr. Mergendahl said that the Town billed $609 per transport last year and billed $655 per transport in the first quarter of this fiscal year. He said the billing rate is higher than the average because of the Town’s demographics. While Medicare cases are 53 percent of transports, it accounts for about 30 percent of revenue, as those rates are set by the federal government. Medicaid cases are 11 percent of transports, but only four percent of revenue.

Mr. Boudreau said that shortly after he arrived, he reviewed the billing and collection practices of the existing EMS billing contractor. When that contractor failed to address issues, a new contractor was sought. There has been an improvement in the collection rate, and the proposed rate changes and new policy will further improve matters.

In response to a question from Selectman Dalton, Mr. Mergendahl said that Medicare rates are about 40 percent below cost and Medicaid rates are about 690 percent below cost. He said these rates are set by the federal government.

Chairman Crawford said the Town hoped to have $40,000 in retained earnings every year to save toward a new ambulance.  Chief Tetreault, said the retained earnings was $30,000 last year and that the Town’s is about $40,000 ahead this year.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the new EMS rates in the attached exhibit.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the new EMS billing policy in the attached document.

Police Chief contract

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a new contract with Police Chief David Breen as discussed previously by the Board. Chairman Crawford said the agreement, which runs through October 31, 2019, grants him a 2.5 percent increase in pay in each fiscal year, similar to other contracts approved by the Board.

Town Administrator contract

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a new contract with Town Administrator as discussed previously by the Board. Chairman Crawford said the agreement, grants him a 2.5 percent increase in pay in each fiscal year, similar to other contracts approved by the Board. He will also receive a $300 per month travel and vehicle expense stipend. The term of the contract has also been changed to coincide with the fiscal year.

Public comment period

No members of the public wished to speak. Chairman Crawford extended holiday greetings on behalf of the Board.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to adjourn at 7:59 p.m.