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HomeMy Public PortalAbout092616publicpacketGroup Benefits Strategies, 7/18/2016 Summary of Substantive Proposed Changes to CCMHG Joint Purchase Agreement (JPA) Article Page* Description of proposed change Article 1. 1 Adds “dental” to list of allowable administrative services agreements Article 2 1-2 - 1st paragraph clarifies effective date and time of a Participating Governmental Unit’s (PGU’s) withdrawal from CCMHG and sets a deadline for notification by a PGU of its intent to withdraw. - 3rd paragraph allows charge of late payment fees and allows Board to terminate a PGU that has not paid amount due plus late fees w/in 31 days of having been billed for these charges. Article 4 3 Changes Steering Committee powers regarding levels of coverage from “determine” to “make recommendations to the Board”. This is the way it’s always been done but not what the JPA says. Article 5 3-4 Sets the quorum at “majority” for Board and Steering. Currently it is 1/3 for Board. Article 8 5 -2nd paragraph gives the Board the authority to determine funding rates rather than “the Board either directly or through the Steering Committee”. -3rd & 4th paragraph changes are not substantive, e.g. changesthe term “premium” to “funding rates” but meaning does not change. -5th (deleted) & 6th paragraphs change the definition of proportionate share from a proportionate subscriber count to proportionate monthly billing amounts. This will be explained at the Board meeting on 7/27/16. Article 9 6-7 -1st paragraph is deleted because it applied to units at start-up of CCMHG in 1987. -New 3rd paragraph. PGUs agree to pay as billed and adjust retroactively. Article 11 8 -2nd paragraph adds language pertaining to a new PGU’s eligibility to participate in CCMHG Fund Balance. Article 12 8-10 -1st paragraph and 3rd paragraph language changed to coincide with new proportionate share language in Article 8. Article 14 11 Article deleted. Topic of a PGU’s obligations to pay each month is addressed in Articles 2 and 9. New Article 14 (formerly Art. 15) 11 Changes date of notification to the Board of request by a Participating Governmental Unit (PGU) to offer a plan not offered by CCMHG. It remains that a 2/3rds vote of the full Board is required to grant such a request. *Page number is based on the version showing the edits 1 D R A F T 5/18/2016 CAPE COD MUNICIPAL HEALTH GROUP AGREEMENT FOR JOINT NEGOTIATION & PURCHASE OF HEALTH COVERAGE Original Agreement: Effective October 1987 Amended July 1993, April 1996, July 1997, January 1998, November 29, 2001, July 25, 2007, and October 9, 2013, and _______, 2016 1 CAPE COD MUNICIPAL HEALTH GROUP MUNICIPAL HEALTH GROUP AGREEMENT FOR JOINT NEGOTIATION AND PURCHASE OF HEALTH COVERAGE As amended through October 9, 2013 XXXXX, 2016 Article 1. Authority and Purpose. This Agreement is entered into in accordance with M.G.L. Chapter 32B, Section 12, (all reference herein to state or federal law refer to current statutes, any amendments thereto, and successor legislation of like purpose and effect) to enable the governmental units executing this Agreement as indicated in Article 15 hereof, and any subsequent amendment to this Agreement adding additional governmental units accepted for participation in accordance with the procedures described in Articles 2 and 11 hereof, hereinafter referred to as the “Participating Governmental Units,” to join together in negotiating and purchasing policies authorized under M.G.L. Chapter 32B, Section 3, including health and life insurance; Health Maintenance Organization coverage as authorized by M.G.L. Chapter 32B, Section 16; Administrative Services Only coverage as authorized by M.G.L. Ch. 32B, Section 3A, which may include Preferred Provider Arrangements; or other methods of self-funding employee health, dental, and life coverage as may be allowed by law. The economies of scale and other benefits derived through joint negotiation and purchase anticipated by the authority granted to the participants by M.G.L. Chapter 32B, Section 12, constitute the purpose of this Agreement. Article 2. Participants. The participants in this joint negotiation and purchase agreement are those listed as signatories to this Agreement on each page of Article 156. It is understood and agreed that additional governmental unit participants may be added pursuant to Article 11. Article 3. Term of Agreement and Participation. (as amended on November 29, 2001) This Agreement shall take effect on July 1, 1987 or on the date that three or more governmental units execute signature of this Agreement. This Agreement shall continue in full force and effect for an indefinite period, subject to amendment as agreed upon in accordance with the terms of Article 11 of this Agreement, so long as three or more governmental units elect to continue participation. Any Participating Governmental Unit may withdraw from this Agreement at its discretion but may do so only as of the anniversary date of the health plan contracts purchased through this agreement, i.e. midnight June 30th of any year, and upon written notification to the Board of such intent to withdraw at least ninety (90) days prior to the 2 anniversary date of the health contracts purchased through this Agreementby December 1st of the year preceding the intended withdrawal. Notwithstanding any other provisions of this Agreement, a Participating Governmental Unit maintains its autonomy and responsibility for collective bargaining. Any Participating Governmental Unit (“PGU”) which is ninety (90) days in arrears for the payment due under Article 4 or Article 9 of this Agreement may be charged late fees as described in Article 9. If a PGU fails to pay the outstanding balance plus late payment fees within 31 days of having been billed for these charges, the PGU may be terminated from participation in this Agreement at the Board’s discretion according to Article 16. Such termination shall not limit the remaining Participating Governmental Units from obtaining payment of all monies in arrears under Article 9. Article 4. Administration. As amended through 10/9/13 Administrative authority shall be vested in a board Board to be known as the Cape Cod Municipal Health Group Board, herein referred to as the “Board.” The appropriate public authority, as defined in M.G.L. Chapter 32B, Section 2(a), of each Participating Governmental Unit shall appoint one primary member of the Board, who shall have one vote, and one alternate member who shall assume all of the responsibilities of the primary member in the event of the primary member’s absence. Appointment of primary and alternate members of the Board to represent Dukes County shall be made in accordance with the Articles of Merger previously executed by and between the Cape Cod Municipal Health Group and the Dukes County Health Group. Said appointments shall be made within thirty (30) days following the execution of this Agreement. The Board Member representative of each Participating Governmental Unit shall serve until replaced by the appropriate public authority of the Participating Governmental Unit. It is understood and agreed that the Cape Cod Municipal Health Group Board Members may rely on the authority of each Board Member to represent the respective Participating Governmental Units and any vote of any individual Board Member shall be deemed to be binding upon the Participating Governmental Unit represented by such Board Member. It is understood and agreed that the Cape Cod Municipal Health Group Board shall have full discretion to elect from its memberships a chairman and any other officers that it deems appropriate and may elect to establish any committee for whatever purpose it deems appropriate and consistent with the terms of this Agreement. It is further understood and agreed that the Board may elect from its membership (both primary and alternate members) a Steering Committee of up to nine (9) persons representing nine (9) Participating Governmental Units, hereinafter referred to as the Steering Committee. The Steering Committee members shall serve for a term of one year or until removed by the Board. Steering Committee members may be elected for 3 succeeding terms. In the event that a Steering Committee member is removed from the Board by the appropriate public authority of the Participating Governmental Unit, the Board may elect a replacement. It is furthermore understood and agreed That that the Board may elect from its membership (both primary and alternate members) one (1) Alternate Steering Committee Member, representing a tenth (10th) Participating Governmental Unit, who shall be authorized to assume all responsibilities, including voting, of any one (1) absent Steering Committee member. The Steering Committee shall have whatever authority is granted to it by the Board including the establishment of advisory sub-committees. Such authority may include the authority to negotiate and contract with health insurance carriers or other health coverage providers, insurers, consultants, and any other individuals or organizations deemed to be appropriate by the Steering Committee on behalf of and for the benefit of the Board and each Member’s respective Participating Governmental Unit concerning the subject of this Agreement. The Steering Committee may be vested with other powers including the power: (1) to review annual rate renewals; (2) to negotiate health coverage renewal contracts, negotiate funding and other financial arrangements (including ASO or other financial arrangements authorized by M.G.L. Chapter 32B, Section 3A); (3) determine make recommendations to the Board regarding levels of coverage; and any other matter authorized by M.G.L. Chapter 32B which is not specifically reserved to each respective Participating Governmental Unit. The Board, either directly or acting through its Steering Committee, may establish a central administrative office and employ such personnel or contract for such administrative services as may be necessary to carry out the provisions of M.G.L. Chapter 32B and this Agreement. Whenever the Board or the Steering Committee (as authorized) enters into agreements with a central administrative office, a consultant, or administrative personnel, payment for such services and related expenses shall be appropriately allocated to the Participating Governmental Units in proportion to the number of the Participating Governmental Unit’s subscribers covered under the contracts negotiated and purchased under the authority of this Agreement. Article 5. Quorum. (as amended through July 25, 2007) The Board shall adopt a schedule of meeting dates and times for the conduct of ordinary business and shall establish a reasonable procedure for notice to the members of the Board and appropriate public authorities concerning special meetings. The Steering Committee shall, in a like manner, establish a procedure for adequate notice to each Steering Committee member for all meetings to be conducted. A quorum of the Board or the Steering Committee following issuance of the required notice shall consist of not less 4 than one-third a majority of the members of the Board with reference to Board meetings and not less than half of the members of the Steering Committee with reference to the Steering Committee meetings. A majority vote of the members in attendance at a duly called meeting shall be deemed to be a vote of the Board or the Steering Committee, respectively, except as is otherwise noted in Article 11. The Board and the Steering Committee are subject to the requirements of M.G.L. Chapter 39, Sections 23A & 23B (“Open Meeting Law”). Article 6. Organization and Chairperson. The Board and the Steering Committee shall each elect from their respective memberships, by majority vote of the participants at a duly called meeting, a Chairperson, who shall serve for a term of twelve (12) months, unless replaced prior to termination of such twelve (12) month period by a vote of respective majorities of the Board or the Steering Committee, respectively, in attendance at a duly called meeting. It is understood and agreed that the Chairperson may be elected for succeeding twelve (12) month terms at the discretion of the Board or the Steering Committee, respectively. It shall be the duty of the respective Chairpersons to call meetings of the Board and the Committees, including designation of the date, place, and time of such meetings, and to perform other duties and functions as delegated by the Board and Committees respectively. The Board and the Committees of the Board may elect any other officers for their respective bodies, whom the Board and the Committees respectively deem appropriate, by vote of a majority in attendance at a duly called meeting. Article 7. Communication. It shall be the duty of each member of the Board, and in the primary member’s absence, the duty of the alternate member, to communicate all matters relating to the action of the Board to the member’s respective Participating Governmental Unit’s appropriate public authority. Copies of the minutes of Board and Steering Committee meetings shall be sent to each Participating Governmental Unit’s Appropriate Public Authority and Town Clerk’s Office. In the event that both the primary and alternate members representing a governmental unit are absent, it is the duty of the Chairperson, acting directly or through the central administrative office or other designee of the Chairperson, to communicate, in writing and in a timely manner to the absent Board member’s respective appropriate public authority, any action taken by the Board. It shall be the duty of the Chairperson of each Committee of the Board to report to the Board through the Chairperson of the Board all actions taken by the Committee. In addition, it shall be the duty of each Committee to report to the Board membership at a duly called meeting of the Board, the actions of the Committee and, in any event, such reports shall be made no less than four (4) times during each fiscal year. 5 Article 8. Calculation of Health and Dental Plan Funding RatesInsurance Premiums. Health Maintenance Organization and Administrative Services Only Charges or Other Self-funded Arrangement including Preferred Provider Arrangement Charges. The Board , either directly or through the Steering Committee, shall determine the monthly rates payable by each Pparticipating Governmental Unit (“PGU”). The payment calculated by the Board shall be comprised of a rate determined to be 100% of the premium funding rate or premium requirement as established through underwriting and/or actuarial estimates. It is understood and agreed that notwithstanding the individual experience rating of each Participating Governmental UnitPGU in determining the payment calculation, all surpluses and deficits shall be dealt with on a collective basis. In the case of a certified surplus, the Board will determine whether the excess funds will remain in the trust fund for the purpose of reducing the Participating Governmental Units’PGUs’ future premium funding rate expenses,cost or be distributed to each the Participating Governmental UnitsPGU through this Agreement in proportion to thebased on amount billed to each Participating Governmental Unit ’sits proportionate share as described in paragraph 5 of this Article 8. employees and retirees covered under the contract(s) entered into under the authority of this Agreement at the time the surplus was incurred. At the time of a certified deficit, additional revenue will be raised from the Participating Governmental UnitsPGUs through direct assessment through this Agreement based on each PGU’s proportionate share as described in paragraph 5 of this Article 8.in proportion to the number of each Participating Governmental Unit’s employees and retirees covered under the contract(s) entered into under the authority of this Agreement at the time the deficit was incurred. If the Board determines that it will deal with a certified surplus (deficit) through reducing (increasing) future premium costsfunding rates that will be charged to Participating Governmental UnitPGUs, the premiumfunding rate(s) (‘basic premiumfunding rate(s)”) will be determined based on claims experience projected forward, and the amount of reduction (increase) due to application of the surplus (reducing the deficit) will be determined and presented separately (“premium funding rate adjustment”). A new Participating Governmental Unit PGU will be assessed the basic funding rates premium(s) without the “premium funding rate adjustment.” for a period to be determined by the Board which shall not be less than two years nor greater than three (3) years unless no less than two-thirds of the Board present at a duly called meeting votes to make an exception to this stipulation. If the Board determines that it will deal with a certified surplus or deficit by direct distribution to or assessment of each Participating Governmental UnitPGU, the determination of a Participating Governmental Unit’sPGU’s proportionate share of a certified surplus or deficit shall be calculated as follows: Last part of this sentence was moved from Article 11. 6 The proportionate share of a Participating Governmental Unit (“PGU”) shall be the sum of the PGU’s subscribers (employees and retirees) participating in the Cape Cod Municipal Health Group plans for each month of the period for which the surplus or deficit has been certified (“PGU subscriber months”) divided by the sum of the total number of subscribers participating in the Cape Cod Municipal Health Group (CCMHG) plans in aggregate for each month of the period for which the surplus or deficit has been certified (“CCMHG subscriber months”) times the amount of the certified surplus or deficit. The proportionate share of a PGU shall be calculated without regard to the specific benefit plans offered by the PGU or subscribed to by its eligible members. The proportionate share of a Participating Governmental Unit (“PGU”) shall be the sum of funds billed to the PGU by the Cape Cod Municipal Health Group (“CCMHG”) for self-funded plans for the most recent 12-month fiscal year period divided by the sum of funds billed to all CCMHG PGUs for self-funded plans for the most recent 12-month period. The sums may be adjusted for retroactive enrollment changes made in the first month after the 12-month period. The Board, either directly or through the Steering Committee, shall determine within six (6) months of the end of each policy year, a reconciliation of the trust fund balance for the joint purchase group. A surplus or deficit shall then be dealt with appropriately. It is further understood and agreed that each Participating Governmental Unit shall be responsible for paying all insurance, premium, administration, or claims charges which were incurred by that Participating Governmental Unit or any person insured by that Governmental Unit prior to the effective date of the joint purchase group’s coverage with the health insurance carrier. Each Participating Governmental Unit shall be responsible for paying in full all “run-out” claims charges from cost plus arrangements which terminate upon the effective date of this coverage. Premium charges for services incurred by a Participating Governmental Unit prior to the effective date of this coverage but billed to the joint purchase group after the effective date of this Agreement will be billed in full to the Participating Governmental Unit by the central administrative office, and payment will be remitted by the central administrative office to the carrier. Article 9. Payment of Health and Dental Plan Funding rates and Insurance Premiums, including but not limited to Medicare Senior plan and Vision Care plan. Health Maintenance Organization and Administrative Services Only Charges or Other Self-funded Arrangement, including Preferred Provide Agreement Charges. It is understood and agreed that each Participating Governmental Unit shall make an initial payment of an amount which is the equivalent of two (2) months advance health coverage premium to the central administrative office or other designee of the Board for timely transmittal to the health insurance carrier and, if applicable, to the Health Maintenance Organization, Preferred Provider Arrangement or other designated payee. This is Article 8 , para. 5. 7 In addition, eEach Participating Governmental Unit PGU shall make payment on a monthly basis of the health and dental plan insurance premium or funding rates and insurance premiums based on the PGU’s enrollments in each plan for all covered services and, if applicable, the Health Maintenance Organization captitation charges allocated to each participant and the allocated expenses for the maintenance of a central administration office and the hiring of consultants and administrative personnel pursuant to Article 4 and other insurance products and services including but not limited to reinsurance and administrative fees. It is further understood and agreed that the central administrative office or other designee of the Board shall determine the appropriate payment due from each Participating Governmental UnitPGU each month. It is also understood and agreed that each governmental unit shall pay as billed and that adjustments, if required, shall be made retroactively. The Board shall contract with one or more banks to act as depository of payments contemplated by this Article 9, and accounts established shall be interest bearing accounts. Each designated bank shall be required, as a precondition to service as such depository, to act under the direction of the Board or its designee for the benefit of the Participating Governmental Units and the Board and shall provide for periodic reports and statements of accounts as required by the Board or its designee. The Board shall provide for an annual independent audit of the payments contemplated by this Article 9. This report shall be provided to each member of the Board within six (6) months of the end of the Cape Cod Municipal Health Group’s fiscal year. Each Participating Governmental Unit shall receive quarterly reconciliation reports detailing the basis for such payment requirements, and all such payments are subject to independent audit by each Participating Governmental Unit. All payments described in this Article 9 shall be due and payable no later than thirty (30) days following receipt of notice or bill from the Board or Steering Committeethe CCMHG’s central administrator. , Interest at a rate determined by the Steering Committee shall may begin to accrue starting on the thirty-first (31st) day following receipt of notice or bill. In the event that any such payment is in arrears or in the event that the Board determines that additional funds are required due to the premium and other charges contemplated by this Article 9, the Board shall be authorized to obtain funds through financial arrangements with providers of health coverage, and other financing arrangements including advances from the Participating Governmental UnitsPGUs. The Board shall determine the respective payments for interest and other charges allocable to each Participating Governmental UnitPGU. Article 10. Eligibility Determination. 8 It is understood and agreed that nothing contained in this Agreement shall in any way limit the authority of a Participating Governmental Unit PGU to determine that a person is eligible for participation in the health coverage program in accordance with the provisions of M.G.L. Chapter 32B. In addition, all notification of eligibility, employee direct billing, including notification to and from affected parties of eligibility rights under M.G.L. Chapter 32B, the Consolidated Omnibus Budget Reconciliation Act of 1985, and any other applicable federal and state statues, shall be the responsibility of and determined by the Participating Governmental UnitPGU. Article 11. Amendment Procedure, Adding New Members, and Changes to Benefit Plans. (as amended on November 29, 2001) This Agreement may be amended at any time, provided that no less than two- thirds of the Board present at a duly called meeting of the Board vote to accept such amendment. Additional governmental units may be added commencing on a date mutually agreed upon, provided that no less than two-thirds of the Board present at a duly called meeting of the Board vote to accept such additional participants. Such additional Participating Ggovernmental Uunits will not be responsible for deficits incurred by the Cape Cod Municipal Health Group prior to the date of their participation in this agreement nor will they participate in any dividend or direct distribution or allocation of any surplus in the claims trust fund accrued by the Cape Cod Municipal Health Group prior to the date of their affiliation as described in Article 8. An exception to the requirements of Article 8, paragraph 3 may be made if no less than two-thirds of the Board present at a duly called meeting votes to make an exception to this stipulation. Any change in the level of coverage or benefit schedule(s) implemented following the effective date of this Agreement shall not take effect until approved through the amendment procedure described in this Article 11. Any proposed change to the level of coverage or benefits schedule(s) shall take effect on a date designated by the Board, but notice of such proposed change(s) shall be provided to the appropriate public authority of each Participating Governmental Unit by the Board at least sixty (60) days prior to the proposed implementation date of such and voted at least ten (10) days before any Participating Governmental Unit reaches the notification of withdrawal date specified in Article 3. Article 12. Liability Following Termination of Participation. (as amended on November 29, 2001) There shall be no liability for premium expense following the effective date of termination of a Participating Governmental Unit’s (PGU’s) coverage under a contract purchased through this Agreement, except for that the withdrawing Participating Governmental Unit’sPGU’s proportionate share as defined in Article 8 (herein defined as Formatted: Highlight 9 the quotient obtained by dividing the number of the PGU’s self-funded health or dental plan contracts purchased through this agreement during the last fiscal year of participation by the number of the self-funded health or dental plan contracts purchased through this agreement during the same fiscal year by all Governmental Units participating through this Agreement) of any deficit in the trust as of its termination date, or change in the audited fund balance during the Participating Governmental Unit’s last fiscal year of participation in this Agreement as defined in Article 12, and open premium expense and subsequent expense for its subscribers still on the plan after termination (where such continued coverage is required by law). According to Article 3 of this agreement a PGU may withdraw from or terminate participation in this agreement only on the anniversary date of the health plan contracts purchased through this agreement, i.e. effective at midnight on June 30 of any year. The Board shall engage an independent certified public accounting firm to do an annual financial audit of the Cape Cod Municipal Health Group’s health and dental trust funds at the end of each fiscal year. The Board will make every effort to assure that the audited financial statements are completed and the auditor’s report is provided no later than nine six (69) months after the end of the fiscal year. If a PGU terminates participation in this agreement at a time when there is a positive audited fund balance (surplus) at the end of the last fiscal year of the PGU’s participation which is greater than the positive fund balance (surplus) at the end of the previous fiscal year, the PGU will receive its proportionate share of the amount that the fund balance increased as defined in Article 12. If a PGU terminates participation in this agreement at a time when there is a positive audited fund balance (surplus) but there was a deficit audited fund balance or zero fund balance at the end of the previous fiscal year, the PGU will receive its proportionate share of the surplus as defined in Article 12. If a PGU terminates participation in this agreement at a time when the audited fund balance (surplus) is less than the audited fund balance at the end of the previous fiscal year, the PGU will not be entitled to any of the fund balance upon withdrawal. If a PGU terminates participation in this agreement at a time when there is deficit fund balance and there had also been a deficit fund balance at the end of the previous fiscal year, the PGU will be required to pay to the Cape Cod Municipal Health Group its proportionate share of the fund balance as certified on the last day of its participation as defined in Article 12. If a PGU terminates participation in this agreement at a time when there is a deficit fund balance; however, at the end of the previous fiscal year there had been a positive fund balance, the PGU will be required to pay to the Cape Cod Municipal Health Group its proportionate share, as defined in Article 8 and in this Article 12, of the total Formatted: Highlight 10 decrease in the fund balance as certified on the last day of its participation as defined in Article 12. Determination of a Participating Governmental Unit’s proportionate share of a positive fund balance or deficit fund balance or change in the fund balance shall be calculated as follows: The proportionate share of a Participating Governmental Unit (PGU) shall be the quotient obtained by dividing the sum of the PGU’s subscribers (employees and retirees) participating in the Cape Cod Municipal Health Group plans for each month of the last fiscal year of participation (PGU subscriber months) divided by the sum of the total number of subscribers participating in the Cape Cod Municipal Health Group (CCMHG) plans in aggregate for each month of the the last fiscal year of the PGU’s participation (CCMHG subscriber months), this quotient then multiplied by the amount of the positive fund balance, or deficit fund balance, or change in the fund balance during the last fiscal year of the PGU’s participation, whichever case applies as defined in this Article 12. The proportionate share of a PGU shall be calculated without regard to the specific benefit plans offered by the PGU or subscribed to by its eligible members. The proportionate share of a PGU shall be the quotient obtained by dividing the sum of funds billed to the PGU by the CCMHG for self-funded plans for the most recent 12- month fiscal year period by the sum of funds billed to all CCMHG PGUs for self-funded plans for the most recent 12-month fiscal year period. The sums may be adjusted for retroactive enrollment changes made in the first month after the 12-month period. Any portion of the fund balance owed to that Participating Governmental Unit based on its proportionate share shall be paid to that Participating Governmental Unit within sixty (60) days of receipt of the auditor’s report on the financial statements. A Participating Governmental Unit that withdraws owing a proportionate share payment to the Cape Cod Municipal Health Group, shall make such payment within sixty (60) days of receiving the bill following the receipt of the auditor’s report on the financial statements. Article 13. Hold Harmless Protection. (as amended April 24, 1996) Each Participating Governmental Unit agrees that it is the responsibility of the Unit to indemnify and hold harmless each representative designated by the Participating Governmental Unit to serve on the Board and any committee established by the Board from personal financial loss and expense, including reasonable legal fees and costs, if any, to the full extent permitted by all applicable statutes, including M.G.L. Chapter 258, Sections 8, 9, and 13. Indemnification should be provided by each Participating Governmental Unit for liability arising from all activities directly related to the establishment of this Agreement. Indemnification should be provided for liability arising from all activities directly related to the establishment of this agreement and all related activities, commencing on and after the effective date of this Agreement and this agreement 11 through and including the date on which such designated representative terminates his or her position as a member or alternate member to the Board and the Board's committees. This hold harmless protection should include indemnification for any claim, demand, suit, or judgment relating to any act or omission arising, except for intentional violation of the civil rights of any person arising as a result of such person’s service to the Cape Cod Municipal Health Group Board. This hold harmless status should include any and all activities relating to such Board participation, including, but not limited to, serving on any related committee, holding an office as a member of the Board or Committee established by the Board, traveling to and from meetings relating to the designee’s service, communications and all other acts related to the appointment as a delegate or alternate delegate of the Participating Governmental Unit. Article 14. Certification of Funds. It is understood and agreed that each Participating Governmental Unit shall provide adequate funds to pay its proportionate share of the joint purchase group health insurance premium and other related expenses approved by the Steering Committee in a timely manner. The appropriate public officials shall certify annually upon request to the Steering Committee the availability of such funds. Article 145. Exclusive Group Participation in Health Benefits Program. (Article added April 24, 1996) Participating Governmental Units may offer to employees and retirees only those medical health plans sponsored by the Cape Cod Municipal Health Group. A governmental unit wishing to offer a medical health plan not sponsored by the Group may put such request in writing to the Board no later than April December 1st for a July 1st effective date. A two-thirds (2/3rds) vote of the Board present at a duly called meeting at which a quorum is present is required to override the requirement of exclusive participation. Article 156. Signatories to Agreement. This copy of the Cape Cod Municipal Health Group Agreement for Joint Negotiation and Purchase of Health Coverage is executed as a sealed instrument by the undersigned on the date or dates indicated below to confirm its acceptance of the Joint Purchase Agreement following destruction by fire of the original executed Joint Purchase Agreement and to confirm acceptance of all amendments adopted since the effective date of membership of this governmental unit. 12 By our signatures, we, the undersigned appropriate public authority within the meaning of M.G.L. Chapter 32B, Section 2(a), members of the _______________________________________ governmental unit, evidence our acceptance of the terms of this Agreement for Joint Negotiation and Purchase of Health Coverage on behalf of our governmental unit. For: __________________________________________________________________ Name of Governmental Unit (M.G.L. Chapter 32B, Section 2(f). _______________________________ ______________________________________ Name (printed) Signature _____________________________________ Date Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 09-12-16 Page 1 of 4 Office of: Board of Selectmen Town Administrator MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: September 12, 2016 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Chairman Dickson, Selectman Bingham, Selectman Foley, Selectman Norton, Selectman Whitney, Town Administrator Michael Embury, Assistant Town Administrator Jillian Douglass, Dave Tately, Jeff Eldredge, Steve Jones, Paul Wilson, Ivan Stoyanov, Chris Powicki, John Lamb, Rich Eldred Government Study Committee: Colin Odell, Elbert Ulshoeffer, Gerri Carlin, Chris Kenney Call to Order Chairman Dickson called the meeting to order at 7:00pm. Chairman Dickson thanked the Fire Chief and all those involved in the 9-11 Ceremony. Citizens Forum Chris Powicki stated that this Wednesday, September 14th, there will be a Brewster Community Network forum at the Ladies Library from 6pm – 7:30pm on protecting trees. Some items covered will be gall wasps & gypsy moths. Patrick Ellis, the DPW Superintendent and Tree Warden for the Town, will be one of the speakers at the forum. Public Hearing – Tax Classification Hearing; Review and Vote on Tax Levy Among the 5 Classes of Real Property and Personal Property Chairman Dickson read public hearing notice. Dave Tately stated that the valuation of the Town increased 4.16%. The proposed tax rate would decrease from $8.43 to $8.39 per $1,000.00. Mr. Tately then went over how the different tax classes would affect the residential and commercial tax rates. He also went over how the residential exemption, small commercial and open space exemptions would affect the Town. Selectman Foley moved that the Board of Selectmen adopt a residential factor of “1” (one), and that the Board not adopt the residential exemption, open space exemption, or small commercial exemption, Selectman Bingham second. The Board voted 5-Yes, 0-No. Selectmen Foley moved to authorize the Finance Director to electronically sign the recap sheet for the Board of Selectmen, Selectman Bingham second. The Board voted 5-Yes, 0-No. Review & Vote on Licensed Special Event Application for Eldredge Farm Jeff Eldredge stated that last year’s event was the best so far and they were able to help a lot of local families. It is a family event. The Rotary Club has adopted this as one of their main fundraisers www.brewster-ma.gov BoS 09-12-16 Page 2 of 4 Selectman Norton moved to approve the licensed special event for Eldredge Farm and action items 8 & 9 for a one day liquor and entertainment license, Selectman Foley second. The Board voted 5-Yes, 0-No. Discuss Historical Society Request for Extension of Lease for Spruce Hill Buildings Steve Jones stated that in June when he wrote the letter they were just starting the move to the Cobb House. They have moved more out of the house than expected and do not need to extend the lease on the house anymore. They still wish to extend the lease on the barn. There was a discussion on how long the renewal on the barn would be for. They requested an additional 10 years, as that was the length on the first lease. If they are able to remove all the items before the 10 years has expired they would let the Town know. Selectman Norton moved that the Board approve a 10 year lease extension to the Brewster Historical Society on the Barn as Spruce hill, Selectman Foley second. The Board voted 5-Yes, 0-No. Liquor License Hearing; New Seasonal All Alcohol License, Brewster Coffee Shop, 2149 Main Street Chairman Dickson read the public hearing notice. Mr. Wilson stated that they would like to obtain a liquor license to increase profits to be able to put the funds back into the shop. Mr. Wilson stated that they would like to increase the hours they are open. Mr. Wilson stated their extended hours would most likely go until 7pm at the latest. There was a discussion on the owners fencing in the patio area and until that is done that area will not be licensed. There was also a discussion regarding the hours that would be granted for serving alcohol and on prorating the cost of the license as there are only a few months left in the 2016 season. Selectman Foley moved to approve the seasonal al alcohol liquor license for MIP Coffee INC., d/b/a Brewster Coffee Shop with hours of 8am – 7pm and to pro-rate the cost of the license to $500 for 2016. Selectman Norton second. The Board voted 5-Yes, 0-No. Review & Discuss Final Report from Government Study Committee Colin Odell called the Government Study Committee (GSC) meeting to order at 7:35pm. Mr. Odell gave a PowerPoint presentation that went over their recommendations. Quite a few of the items, such as the Finance Director and the appointments policy have already been address or are in the process of being addressed. Mr. Odell stated that one of the issues they rate as a higher level of need, is a Human Resources Director. Another of the GSC higher priority items is having committees or commissions that do not have to be elected, by law; such as the Board of Health, be appointed by the Selectmen. There was a brief discussion on this item as there was some concern that this could be seen as the Selectmen having too much power. The Board thanked the members of the GSC for their work on this report. Mr. Embury suggested that a workshop be scheduled in the future to look at the report and the issues; perhaps in October or November. Selectman Foley asked Mr. Odell if the GSC should be disbanded at this time. Selectman Foley moved to accept the report of the GSC and dissolve the Government Study Committee, Selectman Norton second. The Board voted 5-Yes, 0-No. The Government Study Committee thanked Donna Moberg for her Administrative help. Discuss November 14, 2016 Special Town Meeting Warrant Articles Mr. Embury handed out an updated spreadsheet for the warrant articles. Mr. Embury would also like to make some changes to the format of the warrant. Free cash was certified at just over $2.9 million. The Board typically leaves $600,000 in free cash after the spring Town Meeting. Mr. Embury went over the items in the capital article as well as expenditures that will be in the warrant. At this time, there are only 3 unpaid bills and 1 line item for a budgetary transfer. Mr. Embury gave an update on the Tri-Town decommissioning and handed out information on the funds needed at this time. The Town has set aside enough money to pay for our 1/3 share of the work that will be needed to get to the bidding process. There will not be a need for a funding article for the fall Town meeting. www.brewster-ma.gov BoS 09-12-16 Page 3 of 4 Review & Approve August 22, 2016Regular Session Meeting Minutes Selectman Foley moved to amend the August 22, 2016, regular session meeting minutes, to include the names of the two additional Brewster Eagles Scouts that were honored, Selectman Bingham second. The Board voted 5-Yes, 0-No. Appointments Selectman Foley moved to appoint Larry Greeley to the Cable Advisory Board for a term of 1 year, expiring June 30, 2017, Selectman Norton second. The Board voted 5-Yes, 0-No. Action Items Selectman Norton moved to approve action items 1-7 & 10-11, as recommended by Administration, Selectman Foley second. The Board voted 5-Yes, 0-No. Town Administrator’s Report Mr. Embury stated that the DPW should receive the roll off container truck that was approved at May 2016 Town meeting, in about 8 weeks. That may change the size of the building that the DPW needs. He also gave an update on the Fire Station project. Attorney Bruce Taub has filed for the adjudicatory hearing, which has been granted. He wanted to let the public know that this does not stop the herbicide spraying FYI Items None Liaison Reports Selectman Bingham stated that the BGAC will be holding their final meeting on September 19th. She also stated that the long range vision group needs more volunteers and the application is available on the Town’s website. Chairman Dickson stated that he participated in a walkthrough of the Brewster Schools. Topics the Chair Did Not Reasonable Anticipate None Media Questions Rich Eldred asked what plans the Town may have for the Spruce Hill House. Chairman Dickson stated that the COA may move there during the construction of the new Fire Station. There have been no discussions on the long term uses of the building. Future Meetings September 26, 2016, October 3 & October 17, 2016 Selectman Norton moved to adjourn at 9:31 pm, Selectman Foley second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Selectman Foley, Clerk of the Board of Selectman www.brewster-ma.gov BoS 09-12-16 Page 4 of 4 Accompanying Documents in Packet: agenda, tax classification hearing information, special event license application from Eldredge Farm, letter from Historical Society, re; extension of lease, liquor license application from Brewster Coffee Shop, Government Study Committee final report, 8/22/16 meeting minutes, appointments, action items, fyi items Board of Selectmen Appointments September 26, 2016 Selectman Foley Appointments/Committees *Lt. George Bausch to the Bikeways Committee for a term of 3 years, expiring June 30, 2019 Selectman Bingham Appointments/Committees *James O’Leary to the All Citizen’s Access Committee for a term of 3 years, expiring June 30, 2019 *New Appointment September 26, 2016 Action Items Page 1 of 2 BREWSTER BOARD OF SELECTMEN MEETING OF SEPTEMBER 26, 2016 ACTION ITEMS 1. One Day Liquor License – Maplewood at Brewster is requesting a one day liquor license for Tuesday, October 18th from 4:30pm – 7:00pm for a forum and continuing education class; Holistic Nutrition: Easting Outside the Box. Beer and wine will be served along with a farm to table light supper. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. 2. Declare Surplus Property – The Recreation Director requests that the Board declare a batting cage frame as surplus and authorize the Director to dispose of the frame, it is in poor condition and of no value for sale on GovDeals. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. 3. Declare Surplus Property – The Town Clerk’s office has 11 blue chairs and 35 old voting lights that they would like to have declared surplus. The chairs have not been used since voting was at the Town Hall and the lights are also no longer used. These items would be listed on GovDeals. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. 4. Request to Install Conduit – Eversource has filed a petition to install underground cables, conduits and manholes to provide service to 145 Old Red Top Rd; a new home. Trenching will only be required along the side of the road. A public hearing was held at 1:00pm on September 15th in the Town Administrator’s office, abutters were notified of the hearing and a representative from Eversource was at the hearing. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request and sign the petition 5. Request to Waive Fee- The Brewster Conservation Trust is requesting a fee waiver of the $300 application fee associated with submittal to the Planning Board of an ANR Plan to divide a parcel of land located at 98 Red Top Rd., so that the owner can convey a portion of the lot to the BCT for conservation in perpetuity. The division of land is part of an assemblage of contiguous parcels, including Town conservation land that BCT is working on that will eventually provide for a public trail from AP Newcomb Rd to the Hay House on Red Top Rd. More immediately, it will give the BCT frontage on the southern portion of Red Top Road at a point where the historic Aunt Faithful’s path crosses Red Top and enters the BCT, former John Hay, property, and joins the network of trails on the property. The Town Planner, Ryan Bennett, supports the waiver of the fee. September 26, 2016 Action Items Page 2 of 2 ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request 6. Acceptance of Grant Funds – The Town earned $6,450 in Recycling Dividends from the Department of Environmental Protection. The Small Scale Initiative Funds are awarded based on points scored for the Town’s implementation of programs and policies proven to maximize re-use, recycling and waste reduction. As soon as accepted, we can submit our Recycling Dividends Program (RDP) contract for release of the funds. These monies can be used for specific DEP-approved equipment and activities related to waste management and recycling. Monies may be expended upon receipt, or accumulated in a recycling fund for larger future projects. All expenditures must be reported to DEP each year, no later than February 15th. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to accept the RDP dividends and authorize the Town Administrator to sign the RDP Contract. FYI ITEMS (MAIL) SEPTEMBER 26, 2016 A. Copy of Article; Meg Morris receives 2016 Lifetime Achievement Award for efforts and leadership in recycling B. BGTV Video Services Coordinator’s report for April – June 2016 C. July 12, 2016 Conservation Commission meeting minutes D. July 26, 2016 Conservation Commission meeting minutes E. August 2, 2016 Conservation Commission meeting minutes F. August 16, 2016 Conservation Commission meeting minutes G. Resignation of David Wood from the Dog Park Development Committee H. Copy of plan to DEP; re: plan to extend and maintain seasonal pier & boat storage platform at Sheep Pond I. Copy of letter to NStar/Eversource from Mr. & Mrs. Glidden, re; ROW maintenance J. Resignation of Clarence Scott for Bikeways Committee K. August 2016 Prim Board Update L. August 2016 Prim Financial Statement M. ABCC Advisory, re: Alcohol-Infused Ice Cream FYI – SEPTEMBER 26, 2016 Page 1 of 1