in advance at seven o five will do chairman's update and at seven ten as we do after every election we have the board reorganization at seven twenty we have till the keys restaurant very burks the application for  change of manager that's over to seventy five patriots place at seven thirty we have jack off let a ton of story in and a j duly coming in to discuss a june first volunteer effort town wide cleanup at seven forty a town manager kevin pecos is going to give us an update on the trap of the trash collection contract that we're in right now with russell at seven fifty we are  evening first of all i'd like to thank all the department heads who work so diligently to produce this report the credit really goes to them and it's really a history for us to bring forward for generations of exactly what's been accomplished in our town that share and i'd also like to take time to thank the town report committee which was chaired by lorraine perot we didn't always agree on everything but i think we came to an agreement and i'm kind of one of those people i've done something for so long change doesn't come easily so i was probably a little resistant in the beginning but i think this report will be probably user friendly we've had enlarged the font a little bit for our senior citizens and we've widened the margins and i think you'll enjoy reading it and i'd also like to say a special word of thanks to jack  every year jack comes to me right before it's time to start working on this and either he has a great idea for me or he says do you have something in mind and this year i did and i wanted to have something that would unify our town that would bring us back together and as jack always does for me he came through in such a big way not only is the cover spectacular but the dedication is just unbelievable and i know that spent many many hours joy has it's obvious when you look at it and jack has done this for me for a long time and he's never asked anything in return and i'm so grateful jack you are always there for me and as a result you're there for our town too because this is a history that will go on for years and years so thank you jack and for the board i'd also like to thank sandra and chris for their input and also thank the volunteers that participated on the committee bob vanden prink harold cason and dean and dick heidecker all contributed to this beautiful book and again think jack off the ledge for this to reflect introduction and in the covers just fabulous thank you again for your work and for those of you that i know she said her name but sandra's executive secretary for the board of selectmen for many years and we appreciate your efforts to do this and she is very humble mr chairman members of the board and giving for it but she is the lady who takes all this and puts it together and somehow manages to produce a beautiful board that gets bigger and bigger each year and yes we pay less and less for if you don't thank you anyone else under us citizens  was not here in october when i stood up congratulations and see him in october i stood up here before you as you discussed legislation regarding health care reform that the state had passed forward and you were discussing adopting it and i stood up for you and said that it is up to you know by you guys discussing that we were trusting that you guys would make the right decision we're hoping to be part of that process in the decision making on how the year went is on january twenty fourth the i a c was called we got together we discussed the upcoming possibilities we were told that four weeks from that time period we would receive the numbers that we would reconvene and discuss on april thirtieth i was handed a binder with the changes told to us sign a sheet saying that i've received the binder that the town has made the decisions for and basically told that this is how it is now i'm fully aware that that legally we have no say in this talk with sean buckley an awful lot about this as well that we no legal say in it we are not required to by law to have any input in this but in october we had asked to be part of that process we have not been we was even told by the way as upon handing this that it was suggested that i explain the changes to my members and i said i'm not going to explain the changes to the members i've had no say in those changes the town is a responsibility to explain it to all the members we have we were not given a voice we've had an insurance advisory committee for the past four or five years that have met and it has been under utilized so basically i just want to let you know this is how the year went we understand that the p c is forming this thursday we were told that to open up our thursdays for the next four weeks because that's when they're meeting when we could have definitely had this opportunity to discuss and arrange schedules and so forth and luckily i'm i'm free those thursdays i just say that you know how this has gone with regards to health care reform and changes a few years ago we had been asked to be part of the process we were told out of all the unions except that it would be passed through if you did not that was override the retirees a few years ago that decision was made we had input that was ignored we have asked yet again for input and i just ask you to remember that i understand you have financial obligation for this town and you've done a remarkable job for that but there are people that work for you as part of this town and we're being ignored thank you open microphone at the board meeting should not be used as a vehicle to comment on a legal collective bargaining process which is guided by law the town is being guided in that process every step of the way we have we have performed precisely according to the legal requirements there may be some confusion and the confusion may be that the labor unions participate in the decision to implement the provisions of the statute the labor unions do not you exclusively make that decision and you have done so and that has been transmitted clearly to the bargaining in a members i think there's some hope that some members of the bargaining units that are covered by this are going to be allowed to derail the process or in some way to alter it to a different conclusion that is not going to happen what is going to happen is we are going to contempor the employee health insurance program it will still with the deductibles and copays that we introduce that the law allows which over a third of the communities in the state of already don't it will still fall far short of the kind of health insurance that the private sector provides to the vast majority of americans but it will be better and in the process it actually end up saving the employees a substantial amount of money the taxpayers a substantial amount of money it will execute the law and the part of the process which we are required by law to enfranchise the unions into is the process of deciding how to spend that portion of the money which in the first years half of the tax payers savings is to be returned to the employees that's the sole discussion that we are required and that we clearly communicated we will engage in and to provide the board was so my idea of the complexity of putting this together when we finally got the rates in march as i told you and we finally put the whole package together that by law we are required to give to the bargaining in a president's is taught indicated it wasn't a few pieces of paper it was a book and that's what the law requires this is complex but we are going through it with great precision we are being as respectful as we can possibly be of the unions that are covered by this i am one of those employees who will be impacted by it but i don't want it to be any confusion engagement does not mean changing the outcome it means soley changing the distribution of the savings that's all it means and we are doing not first many uses thursday thank you  anyone else under citizens of george trone i attended the april thirtieth meeting of the crossroad veterans service district and was quite upset as to what to dealings my thoughts that lead into this can only come out in one direction and this is april thirtieth my impression was it was going to be dissolved and it has been i have to go on to say that i really appreciate the intent and the feeling of all those involved sometimes good intentions just don't come out the way that we wish the desired result to happen this is an effort that has been getting completely out of control and has become too politically involved in is taking away the intended efforts for us to assist the patrons in a better way i am sorry that this happened but what can i say i was and this topic similar to what your earlier citizens but should go on the on the agenda for full vetting and i can come up and talk yet only to share information that you folks need to do i tom can be proud of what we've done for our veterans and i can tell you veterans are still going to be taken care of and we thank you for your support thank you bill you know this is one topic and if you read the news  of the regional effort that we started i was asked to put it on the agenda tonight by several people i did reach out to michael johns i reached out to kevin pecos and a few other people and i think it was premature to put it on tonight having said that i don't want people to think th was a lack of concern for the topic is it is an important topic but it needs to settle for a few weeks we need to get our arms around it and then run back with a representation from the committee and michael johns and he said he would be happy to come in discuss it with us but tonight was not the time for it even though i appreciate the sentiment but it is going to be a topic if it's not next week when the committee and michael johns is ready to come in we'll certainly entertain that anyone else from it seemed like it was a positive from beginning to pretty much the end linda worked for this town for six years as a volunteer and she left her heart and a lot of her soul at this table over six years not to take away anything from john she worked hard and  i think she'll she'll be missed here and i hope and i think i know she'll be back at some level hopefully she can run again next year and make the board a little better spend three more years here i appreciate that we had a double election this year we had a state level action and we had a town election and i want to thank bob cutler and the town hall and the clerk's office and the many volunteers that worked really from sunrise they were here till very late in the evening cleaning up after the polls came out it was a very long night and it was a lot of volunteers and i think from everything that i heard it was a very positive experience for the voters to have to come in and get two different ballots and get routed through the process i was very proud of the effort and you know that at the end of the day that was about twenty eight percent not proud of that because twenty eight percent is i think willfully and in the united states to come out i think we we did better than other towns but by god if you can come out once a year or twice a year to vote it should be higher than twenty eight percent playing off town meeting on monday which is may thirteenth and many of the people here tonight there's fourteen hardworking advisory committee boreholes that work with the department heads with one of us longest standing businesses invensys of the foxboro company that worked worked hard on twenty nine articles and if you can come out and vote on monday you know you hate to see when a couple hundred people come out for a population that we have please come out t girls there online already and all the patches if you want to read it the reporters are going to have it in their paper on thursday so take the time to read it and come out in lastly one one important topic i spent four hours today over at the state house dealing with the call the adam walsh act one of the reasons that i decided to run again was because as someone finished business with the sheehan issue and what happened you know twenty plus years ago still has to be addressed so i testified today at the state house with the committee and hopefully that process is going to make a difference but and this is an uncomfortable topic but i think the only way to address it is to keep talking about it  basically the group that came in front of me what i said today was asked three questions how could that have happened and that's in the past and we're dealing with that the second issue is how  people bring that forward a couple times over the last ten years and be told that either the statute of limitations ran out or it's in a different state and our hands are tied the third question that we were asked i think this table is responsible for is how do we not make it happen how do we not let it get to that level again in times of change but what i think we need to do as a board and through the time we started it with a policy is the adam walsh act which is how can we reach over the lines in the state how can it be reported how can the levels sex offenders one two and three be established so it's common knowledge no matter where you're going this country so i reached out after that meeting coming back i reached out to linda walsh she very happily said that she would still stay on that committee and i just want to the people know that the people that are impacted it's still a focus even though the board change linda still going to stay on it we i spoke to somebody that's going to come in front of the board that can help us draft that policy that we've been struggling with so i don't want to leave the chairman's update on a negative note but i think the positive of that is we need to move forward in a positive direction and i think that's one of the big responsibilities as boyd has in the next year or so so on that john and if you want to say a few words to the town you know i don't want a member of wounded or anything but  i'm ready for the journey and will say thank you so the next on the agenda is what we do every year the board reorganization so what we'll do is we'll take recommendations the three  positions that we have as chairman vice chairman and clerk and i'll start off by saying i have a joy the year i didn't enjoy it all the time but i appreciate the air as chairman desire to be chairman again so appreciative someone else want to nominate somebody and we can discuss that in the natural order i think and i nominate mark sullivan to be chairman for this coming year i'll second  in this is a little odd situation now i'm not the chairman but i'm going to continue on for this process and if we do the little switch that's ok with the board of those in favor as opposed and want to stain so for zero with lorraine abstaining thank you before we get into the clerk's position i want to talk about this  position and i don't want anyone to take offense because it's been the same for the three years i see the clerks position is turned into somewhat of a ceremonial position where we read a citation or read a newspaper advertisement i would like to see evan been chairman for the year and not asking the clerk to do much because nobody's ever done it and yes i think that role should  position i saw a bottleneck of meeting minutes at the end of the year that it would have been nice to have them and again this is and you could i when i was clerk i didn't do it either but i think the clerks position has to rise up a little bit take responsibility for meeting minutes and schedules and when someone sends us a an invitation to a cub scout thing and nobody responds because we think somebody else is doing i think the clerk is responsible for making sure that is brought up to a level take some of the burden off of sander and chris but i'd like that position to be a little bit more active for the next year if you understand that makes sense i mean i think it's really long lines of how the clerk position on the advisory committee works you have a lot still lot more involvement with scheduling and things like that so it makes a lot of sense to me you know i'd like to ask jenny if she is interested in being clerk again as part of the natural rotation actually  chairman for the board the operation does require ten years of employment history and is quite a few years missing so if if the board pleasure is to approve this i was suggested to make it subject to the filing of a complete employment record for the fast ten years we buy what we used out to go back and see if there's been any problems in terms of your management of prior establishment so it's kind of critical information i understand  i've always considered my home store and whenever i think happened i was made aware of it and you know cringed and just not so i see it's not the way we want to do business there is a responsibility involve make sure that we're doing everything on our end you know whether you know which we do anyways which is to training for all or employees you know awareness classes but just to reiterate our end you know when you know when somebody's having too much fun we got to deal with somebody was there had too much you know the proper way to do things you know not your segment of the rug you know hopefully they get home ok you know it's not the way we you know reporter entitled time to clean up fox for the article written by a long time resident in town historian jack got the letter displayed to disturb the pitches of litter and debris near the center of town in the article jack appealed to the readers to get involved with a town wide cleanup jack went on to explain how such a cleanup would be a bold statement by a carrot community along with reminders that such littering is totally unacceptable here in the gem of norfolk county after reading the article i contacted letter and offered my company disposal to come alongside assist him in any way that we could jack and i have discussed the project and decided it would be advantageous for the town if the cleanup could be completed on june first in preparation for founders day on saturday june eighteenth two thousand and thirteen disposal will be donating all necessary equipment furthermore will absorb all disposal and recycling costs during the event our only request is that the town aids us in promotion of this event we love this town and we believe this is a tremendous opportunity to come together into clean it up oh well the fam would be w will we just think that this would really make a statement for the entire yet everybody pitching in and also make a statement about what we think of general so my biggest thing on this is yes it is close but i think that it's a good way to start it's a starting point i don't think that we're going to do you know clean the whole entire town in this short of a time i mean if you're starting a tradition you know exactly so if this is something that i want to build off of this is something you know if we get people out there you know that last week in mansfield they did this on page four and here you'll see some of the statistics that they wrote in here the first time that they did it back in two thousand and eight  they had a thousand volunteers now obviously they had a lot of time to get it together but they took i want to say it says like five tons of debris is off the streets and that's ten thousand pounds of letter do i think we're going to get to that this year now but i don't see why we couldn't next year and you know we've got to start somewhere and i think now's the time you know most of us the only thing i can think of is the diabetes races june school we could use the high school town hall for the center even if we you know set up three or four posts this is you know we just this just got started on thursday and if we can you know find a few posts and get it going i mean i think that it i think we c town ending with fireworks and found as day and maybe in between we could put it dance that like we used to have which would be very nice thank you very much i did that one time to get up again all right i think a great idea thank you for offering your services it's really great jack just to kill two birds one stone only here you were here last meeting you had a checklist of items around the common the fence the tree that is that stuff that a gender i don't for the next meeting now the town meeting to make sure it's on track i will say that roger said he doesn't know where the money is going to come from because the budget coming to an end the annual budget for the town for that as far as the d any more questions so you're going to take this ball and run with it both of you and yes you need the blessing of the board at all question you need any traffic control  don't think so we're going to supply high visibility t shirts for everyone who is involved and so you know i'm going to try to get as many people to either give me a heads up with counts or to go on and register so we know how many t shirts that we need to supply and make sure that everyone you know and obviously we don't want you know kids in the wrong in bad traffic areas you know put them in certain areas and now we'll get as many chaperones out there is possible we're going to reach out to mansfield too and try to you know they've had this going successfully since two thousand and eight and you know try to see you know they might have some suggestions of things that i might not even think about so i'm open to any one's ideas on this and like i said just try to newspaper my discussions have been having the board of health i thought it kind of odd that the board of health has never traditionally been involved in the town refuse collection contract i don't know why that is but most communities they are in generally do you want any changes in our discussion focused on two things one was potentially asking the town vendor to do single stream that's that was there was a single stream recycling that takes all the small containers and replaces of one big container as basically what that is you'll see it in lots of communities some of the private understeer do it so that was one question i put to them you know the question was a little more fundamental and that was  kind of why are we even in this business i guess from what i've been able to piece together from the history of the town for a long time now nobody seems to know exactly how long it will be ninety seven ok there you go  you took you know three four thousand people and said ok we're going to give to somebody this all this business and you give us your best price and that worked for a while last year we made one fundamental change and as we got the tone out of the collection business we a clerical position i think you may be aware that because we had somebody who was basically full time doing nothing but tracking all these bills and collecting the bad debt so we get and i said why are we doing that and what the vendor to that so we get out of that business new contract that was the only change and then some good old american competition took over and we had a pretty spirited price battle and you know that that's that's a beautiful thing i mean that's that's what made america great but a byproduct of that was that the huge block a business of the town's contract used to represent was really eroded in terms of total numbers to the point where this is a three year deal would were about to enter in july when the second year of the of the three year deal when that three year deal was over we won't even bother to issue another contract because there's just no point anymore so the question i asked the board how is why are we in the business at this point we're really not doing anything effective anymore because the private sector hall is i and i the board of health surprised me they license the haulers by the way on the statute and i think they told me there was a leaven twelve or thirteen dollars doing business in town something like that so there's a lot of competition going on at the price at the point of where the vendors market homeowners and they select their vendor i don't really see any need or role for a town contract any more you know put me in a column being a fairly from believer and if the private sector can do something and do it well government shouldn't and this is something that the private sector is clearly demonstrating they can do well and i don't see any reason for us to be in the business so that's basically what i put in for the board of health their response was well you know  we don't have a whole lot really specific to say about it but if you talk to the private vendor and you know he wants to get out of the contract we don't really have any strong objection now there's two things in that contract that really pump the price up and if you take those two things out and that vendor has not to reduce price which means the whole marketplace reduces price probably which means the homeowners are going to benefit from this and the two components that are in that town contract number one is prevailing wage law because in massachusetts when we issue a contract a contractor has to pay prevailing wage and that is typically substantially above  the other vendors are required the law presumes that you're never going to have a situation where you issue a government contract and the same identical services being provided by non government contracts the idea was it did the one and that's why they were quire this prevailing wage set by the attorney general so we've got that prevailing wage in the town contract covering a couple of thousand residents and it really is a is a price disadvantage for that vendor which could be turned into reductions for the homeowner the second point we required as a condition of contract that the successful vendor pick up all town buildings  when it was the case that that contract was four thousand plus residents virtually every body in town residential was paying their little share buried in their price for presidential pick up of the cost of the town's buildings school and public buildings well now you've got a situation where very few people left on that contract and they're all paying the cost of the town building pick up not very fair not very fair to them and frankly this is really a bit of a contortion of what this was all supposed to be so so you know the idea was to just cancel the contract and get out of the business now in order to do that because there was a valid three year contract in place of the vendor has to agree it's can't be a unilateral decision by the town so following a board of health meeting or put the question to the vendor and surprisingly  frankly i thought he jumped at the chance but i didn't see if either way because we're very late in the budget season and i couldn't put the money at this point into the budget to cover the tom buildings i said you know you know we'll let you have the contract but you're going to have to still collect the town buildings for at least another year and then at the end of this year i can budget for that naturally that was a terribly attractive component of the deal so there mulling it over i don't know what's going to i don't know what their decisions going to pick but that's that the winner was going to get four thousand homeowners because we've had this contract along around for a long time it was a word called exclusive no i mean once a month who have assigned it to not have that that's correct but in the past when the contract has been let the same relative number of homeowners stayed on the contract there was never any substantial deviation so the the competition that occurred on that contract which was extreme was indicative of the expectation that the contract when awarded history would repeat itself and there'd be approximately four thousand customers i have to do is look at the bids to say that that was a clear expectation on the part of all the bidders there was no ambiguity about that there was no expectation that that the value of that contract was going to be cut in half and it was a surprise good thing because at the end of the day my only concern and the whole point of the contract is to create the best deal for the homeowner that the town can create otherwise there is no reason for the town to collectivize the homeowners business and issue a contract on their behalf i mean it's basically what we did we took all the homeowners business and said we're going to give to somebody all that business less a very small amount that went to all these other vendors and passed you didn't because you didn't give them an exclusive rights to all the homes yet would never offer but also opposition right we've never we've never and he still signed it that's correct that's correct and if the motive for this was exclusively to give that vendor a way out of the deal he made that would be probably fair and probably completely appropriate because it's absolutely unfair was being done to that vendor absolutely unfair and i'm not saying i'm not saying anybody is wrong but i'm saying vendor and no roshon of the business base no rosen of it that's clearly what the expectations was and it's not what happened now if we are going to require the contract to be  at the price point that it's not to continue to be followed for two more years nothing wrong with that but the homeowners will pay more than they need to pay fact without a doubt why use the  paying more and there's another option to pay less they would go to the remove the prevailing wage no candidate would be on contract to keep the prevailing wage keep the same contract the option is for the homeowner to stay with or look at vendor be a vendor b is cheaper they'll go to vendor b and in vendor a still picks up the sure trash but remove that time contract remove the prevailing wage law that contract goes down which forces the marketplace to go down homeowners when just you know when you when you sign if you're in business and you sign a contract you sign a contract it's if circumstances change well you have to deal with it and a contract is a contract that's want to thoughts really one is one question actually as i've been you know trying to find out information on this my question has to do with the safety get irrespective of whether you are the town contract on or another vendor white now there are certain requirements that the town contractor has to fall that nobody else does border health as the licensing doesn't leak and you know they're not blowing trash out and things like that my understanding is that they are in the process of doing that they've not had regulations in past years this has been an area that has been recognized as needing work that's sort of a side bar that ironically did come up through and through this through all of this and i guess the board of health was working on that that's really not my concern or my business as time energy that's really their business but they are working on linux and  why wouldn't we consider if this contractor that we have now is willing to step away why wouldn't we just open this up again for a public good so that we have the town contract and buy it to these upcoming regulations i would not open to allow that you know competition to have a think i think there's two answers the question first the volume of the business is no longer sufficient to engender any real competition there's just not enough customers left it's less than some around half of what it once was so your god is not going to company  and then we had a good company for ten years doing it and there was the contract was never even put out it was just resigned every year because the talent in the former manager was happy with it no no no that was built every three years that right but anyway so that we had joe the trash guy for ten years we bring in town guy he just appears because the company sells the company gets acquired by another company and cause havoc all over town people knocking the trash picked up everything and then we put out to bid or we didn't yourself put out to bid and the bid process was what it was and it's just a train wreck in town were picked up by the vendor the form of vendor and so was the town's trash at all the department buildings and including the town hall everywhere that's not now he can afford he's losing money is what a call comes i understand contracts everybody does well you know you can't continue like this because the ones are going to lose and there are those and other taxpayers they've lost three times in this issue started back in ninety seven in my opinion anybody disagrees with me that's fine dr ball hauling hazardous waste so the thing is we're going to come to an agreement here where you can place the blame here place by me i thought i saw you we need to get rid of this those there's only one vendor or the town has trash trucks and workers and provides that as a service which could peyser your taxes and therefore you can deduct a federally this sort of hybrid thing that we're doing i think you put the exactly the right word on it it's a train wreck and i think the faster the town of foxborough gets out of this train wreck the better it will be for one single entity and it's the only entity i care about the homeowners who are paying the bill share of the trash collection or it's just a very small number of people who are left on the on the so called town contract so somebody has to pay the bill yes we have to pick the trash up at town buildings but it's an equity question at this point you know again when for five thousand basically every homeowner in town was under this one contract and under that contract they paid a little share of all the time buildings of the picked up fair deal but you don't have that anymore you have a very small number of homeowners who are on the town contract and they're paying to pick up the town but one wonders in a free market why this still doing that well and there's a dilemma because if the pattern continues every occurs and the private vendor keeps losing money we'll tell you right now something's going to have to give and i'm not exactly sure what that is but  you know we did not give an exclusive contract but we did obviously there was a representation and a and the expectation that the bidders had every right to have because they'd been plenty of prior bidding of the exclusivity of it and that went away so reasonably speaking i think we have entered an age when we need to turn this over to the private sector t it over the marketplace let competition and the free market system set the price it will do a good job the homeowners will probably pay even less and everybody will go away happy you know if we don't do that i'm then i will predict for you right now that i think it will be for the repercussions in the future put it that way we all know where it's going to go  it has the vendor has russell contacted you and said we want out of the contract you know i called him and as i say i was shocked that his first order so we've got a three year contract we're finishing up the first in his part of their contract a bond if they walk they have to pay the town a couple hundred thousand dollars a bond in place yet i don't know what the provisions also why would we rattle the cage if there was a situation where there was a handful of vendors that pulled out the  some didn't respond because i think they were aware that it wasn't a guaranteed number so any i don't think anybody pulled out on that basis i would guess that they did well they didn't tell us that  have lots of bids ok so you have got information that we've got a few that showed up for the privilege conference didn't end up bidding but it was for a very different reasons it wasn't because of any fear that the business the  block of business were rolled nobody so so we have a contract for two more years we've got a bond if they leave that they have to pay the town they have a contract that requires them to pick up the trash from the municipal buildings and there's no requirement that any resident mary jones can stay that they can go with somebody else it's free bid why would the town ever give that up it seems like that's the best position and if it was that bad why wouldn't they be banging on my door saying they want out why we going to them saying do you want out and then they're still saying not really in what are you going to the board of health trying to say well we want we think we can get a better deal if you look at the trash rates for other towns one of the lower ones think i think so we've got it let's contractor a vendor that base it on this we've got another vendor and the other ones are all right there how is the price going to go lower i can't imagine it's going to go lower why not just wait it out two more years and then we'll revisit it and do it the right way which we should have done a year ago well the marketplace will take care of this in two years irrespective of what i do but i think the marketplace you know you're already the kevin no one will bid this contract in two years filled it's heavy with regulation requirements and all sorts of things and so he doesn't want to say it is if that's how you got a heck of a deal why would we go backwards why would we go about what he's saying why would we initiate the contract to be broken  nothing i think i can use it because we already have excellent we've already exist well thank you i didn't say i didn't say that i didn't say that but thank you for saying that you know the mechanism jim let me just illustrate for the board a picture here so the current vendor who has no reason to expect that the block of business the town said here it is was going to significantly a world that had no reason to think that but it did and it continues to erode and when it gets to the point which has the in the very near future because we're coming up on renewables again of contract and it gets to the point where the town vendor is required to maintain its pricing in a marketplace where he no longer has the volume of business that allowed him to do that and he starts to fully on haemorrhage is the pose the bleed a little something is going to happen i don't know what but i do know enough about this sort of thing that we are what's referred to as a deep pocket meaning we're great people to sue the town because towns tend during  lawsuits because our insurance company does this not us they tend to make business decisions and pay lots of money to settle the lawsuit and people who sue towns know that so i'm painting a picture which is not a happy one but it's where i see things potentially going as mark just said i see orderly no reason for the town to risk that scenario i see nothing benefiting the taxpayers of this community to take that risk known i see the very real possibility that the town dunder with a couple of thousand folks released from the requirement to maintain preventing prevailing wage law and all the other things that are and are of pay cannot reduces pricing which causes other vendors to reduce theirs which saves the homeowners money and i think that's a very real possibility but even if it doesn't happen with this is all going is not in the towns people's best interest now i can sit here and not guide you and be derelict in my job and not tell you that's where i see it going and just let it go or i can tell you what i'm saying and that is why and i frankly didn't want to get into the whole litigation thing but mark said it and so i'd be less than honest if i didn't say honestly that i think that's a real possibility and i don't want to see that happen so i don't really see why there is any utility anymore for us to be in this business and ironically the vendor may still be making money and he may say i don't want out of the contract and i'm going to say fine you on it know i just go back to my safety concerns so now we have two vendors manage two major vendors you know managing most of the town so what's happening is that those two sets of trucks we have twice as many trucks coming through our town so twice as many opportunities for there to be an incident of some kind whether it's a leak whether it's a crash or you know seven covers over to help to look at that issue and do it other times have done and establish regulations for pick up routes on certain days so that all vendors are required to pick up in a in a regulated pattern so truck traffic is minimized you don't have you know fifteen trucks coming down your street every day because of fifteen different hall is hopefully going to address that that problem so that but that's my concern is if you let them walk away and let the current vendor walk away from the contract then set of trucks going through our streets i think from a safety standpoint would be the best option is there something preventing us from asking for an exclusive or offering yes is a yes but is that i had that discussion with a board of health also and had town council come in because dick actually crafted the by law that allows sharon to do it in order to have an exclusive contract you have to have a bylaw because people have to the reason our contract can't can't be binding is because the the the people have been transferred to the tone the right to bind them that's what a biological by law would say we the people say the town government can get a contract on our behalf and we agree whoever wins  wins it we don't have a bylaw like that so i have a discussion with the board of health if they're interested and they thought that was just nothing that would ever be in favor in fox to independent and there wouldn't be interest in having the government control a single contract so i dropped out like a hot potato you know one more question kevin you said that if you were to release russell from the contract you would thereby release him from prevailing wage obligations which would then allow him to lower his prices which for then make him more competitive that sells me that he still  his release from the contract he's released wholly from the contract his obligation with respect to picking up the town buildings would be contained in a letter and would require him to do that he's not getting released from not because i can't i can't make that change in the budget at this point and if he says that's a showstopper for him then it's a showstopper he's going to keep picking up until that is just because it just seems like it's a way to make this vendor more competitive is what i'm sorry is this an attempt to make this vendor more competitive i could care less about the vendor this is all about the people of this community a potentially getting a cheaper price and b avoiding with this is going i will tell you right now this is not going to have a happy end what governs and i don't mean from the point of view of the private haulers i mean from the point of view of exactly what mark talked about ok but  kevin they haven't russell has not approached the town of foxborough to say it wants to get out the contract russell approached the town back in the state january maybe december something like that to say that the way this it all happened was very unfortunate  d you know he was experiencing some real difficulty and he didn't specifically asked to be let out of the contract he really talked about the fact that foxboro has no regulations and that is competition was not being required to do any of the things that he was required and he said in all the times that he does business and this is completely singular he said he's never seen a town that has no regulations his request to the board of health staff and through them to the board of health was that they established regulations that would level the playing field and they are doing that while the i think the operative word here is unfortunate i mean the fact that he signed a contract he's not approaching the town saying that we're going to sue we want out the contract that's correct yeah as you  say he may not want to say so i don't understand why you're willing to change the terms of the contract if the if the trash hauler is not complaining to you no complaining and threatening to break the contract with a very simple reason there is no advantage to the town to maintain the contract any longer we are not advantaged in any way my trash is being picked up paying paying my trash is being picked up i understand that you know with it's a three year contract i believe right and it is and i know it's going to i believe it's going to go up next year and the but that price is set i'm not going to be paying any more for my trash i mean if if if five hundred more people drop out doesn't make any difference for the next for the next two years nice my price is set so how can you say that  the it's going to be an onerous burden to the the shrinking number of people who are dealing with russell that's the point if the erosion in the value of the town contract were to continue i don't know if it will or not  to continue the vendor acting cannot maintain a price again so that he has a contract he has you know what kevin you win some you lose some i mean that's what that's why you have attorneys when you're writing contract this company has been in business for a long time this company picks up while it's not like we're the only we're the only town it comes that comes down to you know from some of you know i mean they're  picking up my trash i know how much i'm going to pay for the next two years you win some you lose them maybe they should get a new lawyer or something i don't know i mean unless the town promised them something that in  that gallant an expectation of maintaining the business there is every presumption from the r p and the history that precluded in the discussion the prebuilt conference the discussions that took place the awarding of the contract there is every reason for all of the vendors to have expected that the vibe of the contract the number of contracts with individual homeowners would be maintained relatively speaking and that has changed in an extremely dramatic manner and that was the that is the nature of my concern well it may be your concern but russell isn't beating down the door saying we want out of this contract this way i think you're being a little premature in that in this i mean don't you know we can't be we can't be operating on the thought that maybe we're going to get sued that something i hear way too way too often maybe we're going to get sued and then you just say well maybe russell has no problem with the contract and will continue for the next two years until the end of the contract and then he can decide whether  want to debate again and not i was brought up a contract is a contract just if you are if you hire if you had the beneficiary the contract you better make sure it's written correctly to your benefit and if you don't you win some you lose some and in my work every day i worry about getting the town getting sued constantly that's part of my continual concern and trying to avoid that trying to be sure the town doesn't get sued is one of the things i do and fortunately to have some good success and having those things off now i'm not saying in a public meeting that we're going to get sued i'm not saying that all i'm saying is that he's fair application of common sense to the situation leads one to conclude that there are a number of possibilities in the future and frankly none of them are good for the town so i doubt my concern in the end if it were the case that i saw some big advantage if there was some big benefit being maintained then i would say oh well too bad i said that the dozens of contractors i don't hesitate to say that you know me seriously you think i hesitate could kill less about the contractor but i'm very concerned with the town's welfare and where this is all headed that's so so it's been a question it's not a decision has been made has been a question that's been asked and so far the answer is he doesn't want the contract and as long as that's the answer then there'd be no change in the situation sitting at the board of health voted they didn't even know what they were voting on to give kevin permission to dump a contract that they thought they were in charge of that night they had no idea they were in charge of the hall or i asked kevin he said he signed the contract i said that means you are responsible not them he said you're right and then i said and why is the board voting and then i said if you are going to offer of the contract have you heard from them at all he says no and then i heard the board said well call their bluff call bluff on a contract let me come on so then i went and did my homework in the for again with all due respect sir that's in the press i'm not sure where that came from i don't know where the quote came from there were seven or eight people in the meeting and by god if i have to bring the seven or eight people here i'll bring them  here there wasn't a request to get out of the contract it was a request for the board of health to have regulations which would level the playing field because the town vendor was being required to perform at a much higher level due to the requirements of the arm of p than the private haulers that are not in town contract and that translates directly into much higher costs for the town contractor when it was case that the town was offering four thousand homeowners business that was fine it is no longer the case something is going to give in all of this i'm not exactly sure where and how it's going to give but it is going to there are already lawsuits filed already and i've been able to keep the tone out of it but i make no guarantee that that will continue to be the case i'm not saying this is a solution i'm saying i'm looking into it i'm considering it because at the end of the day the only thing i care about is keeping this town out of expensive litigation in the whole idea of this contract in the first place was to get the homeowner a good deal and we've done that we actually dropped prices court dramatically up to ninety potentially to both keep the town out of trouble and drop prices the homeowner again i don't know the that everybody in town is covered you know most of us live in a neighborhood but there are people who don't live in a neighborhood they live in a long street they live up a big hill you know if you get rid of a contract and there's two or one residential hollar in town not you know and you know though i think we heard they were eighteen i think the majority of the work is done ninety nine point nine percent of the residential work done by two walls and so when you have a contract everybody in town protected you live on a big hill someone still comes to get your garbage if we have no contract whatsoever it's a free for all if i don't like jenny i don't go pick up her garbage there's no contract i don't have to go to your house i don't like you i didn't i don't like the way you vote on something so the reason we have a contract is so that everybody is covered in the whole town to have their garbage picked up in that's why we have a contract i'd be interested to know if the town manager surveyed the surrounding communities how many communities surrounding this area have no town contracting garbage are there any no fork we didn't and no we didn't do any surveys i don't know i know that i know that  the town trash collection refuse collection done as a town service is fairly common right because you pay for through your taxes and you can deduct it and that's basically the theory is the only way number would write a number of communities since prop two and a half past have gotten out of the business i don't have any statistics for how many have and how many have been i know there's been a lot of work done in the area of regionalizing the city of braintree quinsey and weymouth issued a single blanket contract on behalf of all homeowners and they did it and they you know did some fantastic pricing for their citizens but that was a very complicated effort  and it it's a single vendor contract on how many towns issue a contract i can't tell you i can tell you that a lot do and it tends to be the case that if the town issues a contract then that vendor gets eighty ninety percent of the work that tends to be the case we are the anomaly where we have a so called contract but the base that supports that pricing explain to my vendor why there's rubber tires you know me also and it's a big problem trash so don't always son you know you knock on it was every move you trashed where you carjacked a police department because you can't be picking up the bill for everybody  needs to be addressed right now is much as you think i mean that we need to get out of it i think we need to be back involved is my opinion and then put it forward back on the tax roll get it taken care of have a good point to act what we do is just contract i don't know it's a boy it's obviously not a boy's decision or korn's to pay cause but we got some input on it and we got it we've got to address this so i don't know if we want to put this on the agenda going forward how willing to address this or do we even have that you know is that i ben you but i'd suggest if we would consider not making any changes to the contract let's hear the board of health regulation mean come forward and you know review and have a discussion about that because again thinking about just safety in the numbers of trucks coming through the town if that were to increase by changing this contract situation  would be very concerned about that so i think just as step one look at the board of health regulations and i think discuss that with them the thing ryan is there is no standing law or anything a by law says we can tell people who come in and out scared for no reason we've got a contract for two years as vendor says he's not interested in closing it there's a bond if he walks away for two hundred thousand dollars we've got two qualified vendors that are working in town taking care of the trash if one leaves in them the other one gets a hell of a lot of more business and vice a versa that's what contracts are for and i think the town's getting a hell of a deal and i think we're running around panicking crying wolf for something that's not going to happen you know the irony is we went with a we didn't go with the low better we went with the more qualified better because they've got more experience or a bigger company and supposedly had more attorneys and more you know breadth to their company if they signed a contract in there's nowhere on their contract that said there was a guaranteed limit shame on them if they want to come back and say they screwed up can we consider it maybe we'll consider it but what's all the panic for right now i just don't see i think you're mary very good but i don't think it's like the panic of now i think the situation every year and i think there's a lot of you know people fed up with the whole conversation and i think people get off the train wreck and she's gotten worse and worse and worse i think now wasim collusion i don't think so i just i think i think it's getting better better better effect i think so i think all the anxiety at the beginning has settled out people chose which was say i want to drive right on they can switch at any time and you know another contractor came up to us the free market so w to say it's it's not working because we're anticipating somebody getting hurt even though there's a contract so going to pull that back and mix it all up that's why i think where the problem's going to go i think everything's settled right now you  i totally agree with what jim said a few minutes ago contracts a contract my trash has been picked up i have no problems i have not her and had anyone complained to me and no matter what taller they heard about that and i have not had anybody complain to me about anything in this what i don't understand what the problem is i want to i read the contract today i went back it was there was nothing in there  be a layman nothing in there that even came close to saying we've got x amount of guaranteed boxes oh it was nothing other than a few now so i wrote that there's nothing in there about them so let's move on you know to bring the board of health in here where they've already gone through and you know i heard what that meeting was about there was they basically said they wasn't sure and go with what ever kevin says kevin gave us an update i don't see the i don't see the issue i really don't  think panic is a wrong word you know panic here i'm just looking into the situation trying to discern what the smart way is to go because oh no i'm not saying you're panicked what we're talking maggots and some are in this table seems to be panicking over something that i don't think i this is an issue i just see it one thing i can tell you is if the contract whether it continues or it doesn't continue there's a lucrative business here someone's going to pick up everybody's trash that's not it's not going to be that  could give me some input and i could hear what you're saying and i appreciate down in that you know that's important that's why i went to the board of health by the way that's i didn't have to go to the board of health i went to them for the adjustment i can't tell you how glad i am that this is on after the last discussion timing is everything you know what i was worse last meaning it was worse you lazy agenda or that i'll give you the option as the chair that ok i can just get a summary of the up i'm going to get kevin as a contract it's a four year contract this is the third year we did the salary the goals and objectives is to form interview for the first second and third those are all documented first year kind of hand in hand with umbrella over the time we looked at the zero zero one zero zero three s and one and a half's and to the first year of kevin's contract i believe he got a zero correct ye second year of his contract there's a little dispute in the contract we negotiated a two percent three three percent not to be considered a raise not to be considered a merit or a step it was an adjustment in a disagreement in the contract so that was taken out of the picture subsequently to that we voted for the second year for a performance salary review vote and you also got a zero for the second you now are on there and here of his performance review i'm sorry salary of you based on the performance review that we did two meetings ago but i think that love did it more for john's benefit because you had been involved so i don't know who point two five three five for consideration the last increase that was last year correct and i just try to get a feel for what the performance review was and what the everybody's comments and scores and compiling it the overall outcome was that kevin nice expectations for performance for the past year  believe the prior year also met expectations there was a zero percent increase that year and a lot of people were getting zero percent that year so this year now it looks like we are starting to give increases so i put together this spreadsheet just to give an idea what the industry i work in you know meets expectations is  typically seeing a three percent increase from my experience anywhere from three to three and a quarter so you know that's why i've got these different percentages listed this way so i think you know considering that this is a year we are getting increases potentially i think we should talk about an increase for kevin i think he's at his work in finance and  percent but what you may not know is called god that was a dispute that we had in this contract because he gala received the color every year even though his contract says he wasn't it was in his contract in the contract and randy's contract i thought it was not in kevin's contract and i think we have assumed we haven't assumed it was going to be in there and that's where it automatically came to his paycheck into the credit of kevin you notice and that was in his paycheck you brought it to our attention and then he paid it back and then then we got into the discussion well is an assumption part you know because it was done in the passage just assume and we were back to the negotiations so we came to the conclusion well he does not get a cola but he get he got a lot at the beginning to recognize that there was a discrepancy based on past years so where we stand right now this is a whatever the number is zero up to one hundred is his marriage raise nothing to do with colorectal so when all the other employees get a cost of living increase kevin does not thanks that the strength and its financial management the benefit to the town has been significant you know upwards of seven figures and i think that needs to be recognized recognizing certainly the issues that have been brought to kevin's attention for performance and i think our discussion last time you know about his valuation he acknowledged some of our criticisms that we  have you know i think that when an employee meet standards and the organization has the ability to do so i think it should be recognized  to kind of you know it's a separate contract but i agree there's been some highs and lows but with five members it came out to meet expectations but i don't know the answer and they asked the board when everyone else music spectat in this town the first year was a zero the second was it was three they got a one and a half that was make it meeting expectations this year what is everybody getting that while we're at liberty to say the cola the cost of living adjustment is for the nonunion is two percent that the police contract is public and it's a special situation i think we can say fairly so it's not indicative  the merit component which will affect all nonunion employees this year for the first time those merit of yours will be and july similar process to what you did if they meet expectations  which would be a school probably seventy to ninety something like that they will not get anything beyond the call which is two percent correct they must be achieving at a significantly high level in order to receive merit consideration and then the plan which as you know is being finalized we're going to be putting on your desk i hope at your next meeting or at least give to you before the next meeting whether gets on the agenda or not would then say that to certain band of films was good enough get one of the quarter and if it was extraordinary it would get two and a half so i would say that for the other nonunion employees meets expectations i realize i'm killing myself here but meets expectations is not good enough to get m if the average of what people are getting are two percent and collectively we rated kevin as average then it needs to be two percent you know and i understand in the private sector it's three and above  fortunately we're in the public sector and i'm probably you know one of kevin's biggest critics and you know i come down on the conservative side but unless there's a big argument where kevin is over performing to go up past the average you know why go through the exercise of doing the reviews that we do if he came up above average then they he would get above average you know so there's a does a dynamic between private and your you know public sector and private but keeping a man has been a level with everyone else i think that i have a hard time seeing how we can go past two percent again mark if i'm and i know i'm stabbing myself but i want you to do this right whatever the outcome is i want it done right i am not in the nonunion system so you don't give me the two percent automatically because i'm performing at an acceptable or an average level acceptable or average for the other nine your employees gets them nothing the cost of living adjustment is your way of saying and we do that together under the charter i propose a number and you say it's all good or not part of the budget exercise the cost of living is is put in there only for one reason to to make the value of their wage not erode relative to inflation so i'm not under that system i'm under a very different system the system i'm under as an executive i hope is that if my performances on a level where you say that deserves more compensation and you give it to me you don't give me a raise just because you don't want my salary to rules with respect to inflation so i would not encourage you to give me anything if it's for the purpose of the cola similar to what the other important on your employees are getting i'm in a completely different place today and it's critical that be maintained because my objectivity to recommend a cola to you every year i cannot have in the back of my head that i'm going to get back out again that's why we changed my contract so that would i would not be conflicted out in any way i could do it was right for the nonunion employees and i would relying i'm relying on past experience plus business experience my business background is from a family owned business and believe me we did things totally different from the way m it's already been stated and there's been some trite wrecks you know there really haven't and if i can count the votes like i tried to with the table of time using into is everywhere why even when moving on it's where i see it will be one day salary will be one hundred fifty one thousand two hundred eighty six dollars and forty cents that's assuming i have the pennies correct on your base salary for discussion i just wanted to make one suggestion i think you know having gone through the compiling of the evaluation you know thank you for setting up that form last year jim it was that one thing i've noticed is that i think the form could use some rework maybe for the next evaluation because it's very difficult when you blend in an intangible performance with every goal and objective it's like it i really think it should be a separate category in and of itself so that it all ends up with different weights i think we need help to get  compiling these things you know certainly we saw fours from one person and one from another person in the same category perhaps related to the intangible aspect of it so i think by coming up with a different format which i think maybe we need outside help to do that i think would be appropriate going forward for you know executive positions because there is that intangible thing that is so important to identify but i think it the weight of the impacts also has to be looked at it i think i would rather you this is a yeah i agree with that because it was a little frustrating you know attorney sized and that's how we ended up with it so you know to make the change i'm sure what kevin's going to say is he's going to have to talk to his attorney and so when we were kind of handcuffed with that because it was a legal dispute on a contract that's how we ended up with that any anything other than balance sometimes but i think you know again i think just from a human resources standpoint now you know having at h our input in addition to the attorney size  second paragraph on the citizens input they had regarding hiring practices of fire department to develop some forms in that the employment issues regarding specific employees cannot be discussed through the open meeting law concerns that was when the gentleman came up and and this is going back to kevin's contract we had a statement on page seven it said mr bell's thinks that the contract language may need to be reviewed in june i think that what it we've said was it needs to be referred to because it was a question about the letter and agreed to it we would send a letter so just on the bottom of the last large paragraph which it was a mr pecos will have mr scholars review their request if we can just add in it and send a letter if no issues or return if their return to the board if their issues affect you later and i don't send any letters i mean i can sign it and send it but i think the not just on a discussion but last time i came into sign it was a couple says citations that were giving out then it may have been in that pack it was last april thirtieth so i may have signed it if you want to just check with sandra she may have wri you know what i don't recommend you take any action below well if it's addressed to me and i'm just seeing it through a number two i don't know if the by law commit signed by law committees appointed because of the bylaw i don't know but i don't necessarily disagree with the idea i just would like to sit down with them and i know the background of that and before going to just a point of order just so we don't get caught later john just voted on to meeting minutes that he wasn't on been on the application for yasser so you know i have a question on the application when it us now is for the applicants full name and his address that's the same address as the limousine service i mean is that mr chase actually actual address does he live in fifty one elm street or would have to be you assume it's signed by the chief but his license i would imagine that that was on his license he has to be licensed  do you know if it's an app if it's an application i mean and you asked for the address to be nice to know when the guy actually lives the fifty one elm street if he doesn't when something happens you'd like to know where that where the guy lives verify the information on the application a list is something like a corey check and then we do that ourselves but i don't know to do a corey check don't you have do you have his address we don't do it for a check on this name rely on the only know what you'll be up with if we actually verified every single thing on an application and every application we get every week i need three more people and we kevin i just i just looked at this and i can see that the address for the limousine service is fifty one elm street then the applicant's name is mr chase at fifty one elm street i look in the phone book the name ne del lives at fifty one elm street there's no wallace chase in this phone book i mean granted this is probably landlines but there's no you know i don't see what the problem is if i'd like to have an address to go with a name on an application   and i'm happy we approve it subject to verifying his address the house at fifty one st we have approved a number of licenses and actually kevin you made a comment how we were doing an awful lot of licenses out of fifty one elm street because it's a limo service so chances that everybody that we have approved does not live at fifty one else st that's that's where the businesses well maybe he does i'm just bringing up i'm just bringing up a question well what let's assume for sake of discussion that he doesn't live in fifty one elm street  he should put down his correct that dress would that cause you to not approve the renewal of his license let's say he lived in fifty three home street and let's say he didn't want people would you not approve his life i wouldn't even know that i wouldn't even know to notice it they fact that it says fifty one else street at two different address lines i just want to know where does the manly and father reckon it's for the town of fox peril so we can get that for you by about a few approve to confirmation of the address on the application to the whole matter as i second that strike the first motion of the second one a good who made the for us motion