HomeMy WebLinkAbout2004-10-14 Board of Selectmen Minutes Board of Selectmen Meeting
October 14,2004
The meeting convened at 7:30 p.m. in the Town Hall Conference Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman
Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George Hines
and Town Manager Peter Hechenbleikner. Also present were Executive Director of RCTV
Phil Rushworth, President of RCTV Board of Directors Marcel Dubois, RCTV Board
Members Richard Cohen, Eugene Nigro, Gordon Rogerson, Charles McDonald and Gale
Merrill, T-TAC Chairman Domenic LaCava and the following list of interested parties:
Tom Ryan, Paul Feely.
Discussion/Action Items
Approval of RCTV Agreement - Chairman Richard Schubert reviewed the situation that
has gotten us to this session. There was no initial agreement when RCTV was created.
The RCTV Board has decided to change its bylaw's to eliminate Selectmen and School
Committee representation on the Board. They began negotiating a written contract. At the
September meeting, issues arose that required further discussion.
The Town Manager reviewed the draft agreement.
Vice Chairman Camille Anthony asked who did the audit and financial statements, and it
was noted that their Accountant did this. She also asked when the end of the fiscal year
was, and it was indicated that it was October 31st. She asked if there was a list of assets,
and it was indicated that they can be reproduced.
Selectman George Hines asked about obsolete equipment, its disposal and where the value
of that equipment rested in terms of being a Town asset.
Marcel Dubois noted that there is still a few minor points that need to be discussed as part
of the agreement. The RCTV Board is concerned about some of what developed at the last
Board of Selectmen's Meeting. He distributed a one page list of accomplishments along
with six other pages of backup. Their concern is that they have not been able to
accomplish much since the recent discussion by former Board member Tom Ryan.
Vice Chairman Camille Anthony noted that the Board of Selectmen's requirement as part
of the award of the Franchise Agreement is to be a steward for the funding that flows from
Comc'ast to RCTV for the purpose of community access television. They need to be sure.
that the RCTV Board does the right thing, and it is a cohesive entity which is operating
appropriately. The Board of Selectmen needs to feel that everything is being done well.
Selectman George Hines noted that the Board of Selectmen has no particular quarrel with
the "public face" of RCTV. The product over the air is fine. The RCTV Board and the
community have been lucky in the quality of Executive Directors that RCTV has had but
the turnover has been disturbing. The turnover is at least partly function of what has been
operating behind the scenes. He doesn't know if the RCTV Board can work appropriately
Board of Selectmen Meeting—October 14, 2004—Page 2
and cohesively. One example of RCTV Board being out of touch was taking away the
Selectmen and School Committee appointment. More recently, the removal of Tom Ryan,
who is a Board of Selectmen appointee, which was done without consultation with the
Board of Selectmen. He wondered if other RCTV Board Members, who have done worse
than Mr. Ryan was alleged to have done,have been disciplined.
Richard Cohen stated that the RCTV Board can only state that the member has "left the
organization" and is not free to discuss the details.
Marcel Dubois noted that the Selectmen's appointee to RCTV made the initial motion to
eliminate the ability of the Board of Selectmen and the School Committee to appoint
members to the RCTV Board. Tom Ryan is not currently a Board of Selectmen appointee.
The Board was particularly concerned that Mr. Ryan has made accusations that were not
first brought to the RCTV Board--they were taken directly to the Board of Selectmen. As
a result of Mr. Ryan's actions, the RCTV Board has been in a turmoil and they have been
on the defensive. They have asked Mr. Ryan for information and he never gave it to them.
He has a duty to the RCTV Board.
Marcel Dubois hoped that the Board of Selectmen and the RCTV Board could move
forward from this point.
Vice Chairman Camille Anthony noted that the RCTV may be a 5010 and a private non-
profit but they need to operate in an open manner. There is basically a lack of respect
among the Board Members. They appear to be dysfunctional. The fact that the RCTV
Board's financial statements are marked confidential is disturbing. The group should
operate transparently. Selectman Gail Wood agreed with Vice Chairman Camille
Anthony's statements.
Marcel Dubois again noted that they wanted to move forward. He has seen the current
members improve and come together cohesively.
Chairman Richard Schubert noted that RCTV is not required to be as open as a public
town body but they could and should.
The Town Manager noted that there appeared to be four options: (1) Do nothing; (2) enter
into the agreement with RCTV; (3) de-designate RCTV and (4) enter into a trial period in
which the agreement would not be signed but both parties would operate under the terms
of the agreement,
Marcel Dubois noted that RCTV voted last night by a vote of 6-0-0 to work through a three
month trial-- under the terms of the agreement but without the agreement being signed.
There was discussion that the Board does not have the authority to do some of the things
like provide for a Selectmen or School Committee appointee --this needs to be done by the
Board of Selectmen Meeting—October 14, 2004—Page 3
body. Richard Cohen noted that it would take ten days to develop this special meeting to
take that action.
Selectman Gail Wood asked who needs to approve the contract and who can enter a side
letter, and the response was that the Board of Directors had the ability to do that.
Vice Chairman Camille Anthony noted that any trial time period should include time to
extend at least 30 days past the submission of the audit and financials for the fiscal year
ending October 31St
Tom Ryan produced a handout.
On motion by Hines seconded by Wood, the Board of Selectmen voted to direct the
Town Manager to develop a side agreement to be signed by the Town Manager and
the President of RCTV that will provide that:
1. For a trial period of approximately six months expiring not later than May 1,
2005, RCTV and the Town shall operate under the provisions of an agreement
dated 10/14/04:
2. That the RCTV Board will attempt to amend its Bylaws to conform with the
October 14,2004 agreement no later than November 15,2004;
3. If the Bylaws are not amended by that date, the Board of Selectmen may de-
designate RCTV as a cable access provider;
4. By the expiration of the trial period not later than May 1, 2005, RCTV will
demonstrate their ability to operate in accordance with the October 14, 2004
agreement and the expectations of the Board of Selectmen,
5. The Town will direct all distributions from Comcast paid pursuant to the
franchise agreement to be paid to the Town of Readings
6. The Town will pay from the operating funds from Comcast to RCTV on the
first of each month beginning November 1, 2004, one twelfth of the annual .
operating pg
7. The Town will receive the $50,000 capital fund from Comcast, and may
release portions of said funds to RCTV upon request for specific capital items.
The Board of Selectmen asked if the RCTV Board would approve the motion prior to
the Board of Selectmen acting on it. On motion by Cohen seconded by Rogerson, the
same motion was moved by the RCTV Board and was approved by a vote of 6-0-0.
On the Selectmen's motion, the Board voted to approve the motion by a vote of 5-0-0.
Board of Selectmen Meeting—October 14, 2004—Page 4
Dom LaCava noted that RCTV indicated that there were a couple of issues still open.
These were reviewed and resolved. He also asked that if there is a performance review,
will the contract still go forward? The response was that it would.
Phil Rushworth asked what would happen if a second Cable TV company were to come
into Reading. The Town Manager noted that RCTV would be the community access
corporation in any case.
Selectman George Hines noted that there should probably be disclosure on all programs
that are not produced by RCTV. RCTV is working on the technology to do this. He also
suggested that they have meetings put on the screen so that people can see what meeting
they are watching.
On motion by Hines seconded by Anthony, Gail Wood was appointed as the Board of
Selectmen representative to the RCTV for a term expiring June 30, 2005 by a vote of
5-0-0.
Gene Nigro thanked the Board for their cooperation and patience.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to adjourn
their meeting of October 14, 2004 at 9:25 p.m. by a vote of 5-0-0.
Respectfully submitted,
Secretary