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HomeMy WebLinkAbout2002-12-04 ad Hoc - RMLD Governance Advisory Committee MinutesAd Hoc RMLD Governance Advisory Committee Meeting and Board of Selectmen Meeting December 4, 2002 "EIS' D ? C! E RK MASS. < -8 A 11e 35 The meeting convened at 7:30 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Dan Ensminger, members Matthew Cummings, Jim Francis, John Carpenter, Doug Cowell, Travis Miller and George Theophanis. Also present were Selectmen Chairman Camille Anthony, Secretary Richard Schubert, George Hines, Gail Wood, Town Manager Peter Hechenbleikner and the following list of interested parties: Fred Van Magness, Paul Feely, Phil Pacino. Dan Ensminger opened the meeting. He noted that on November 25, 2002, the Advisory Committee met and revised their recommendations. The RMLD Advisory Committee met with members of the Boards of Selectmen of the four communities, members of the CAB and other interested parties in Wilmington on December 3, 2002. The most recently voted recommendations of the Advisory Committee were to retain the elected Light Board, to grant the Light Board the authority to hire the General Manager, set electric rates, approve the budget and capital expenses, approve contracts under Mass. General Law Chapter 30b guidelines and approve warrants. To subrogate the General Manager's power to procure legal counsel, accounting, auditing and professional services to Light Board policy/approval. In addition, the Light Department fiscal year will begin on July 1, the RMLD will employ the same Town Auditor appointed by the Town of Reading Audit Committee, the Light Board will be given a seat on the Audit Committee, the RMLD Accounting Manager will be appointed by the Light Board, the Light Board will make a presentation of their approved budget to the Reading Finance Committee and Reading Town Meeting, and on request to the Finance Committees and Town Meetings of the other RMLD towns. With regard to the elected Light Board, George Hines noted that changing to an appointed board would require a Charter change only and doesn't need the support of the other communities. This would make the Light Board similar to other narrowly focused specialty boards and positions. He also noted that there has not been accountability with elected boards in Reading and in places as far away as Seattle as well as in Braintree, Taunton, etc. The Board of Selectmen has shown the willingness to make appointed boards accountable. He would advocate that the Ad Hoc Committee reconsider the position to retain the elected board. Dan Ensminger noted that the priority is to have the accounting separated from the General Manager's function in the Light Department. He also noted to accomplish that would require an amendment to Chapter 164 which would still need the support of the other communities in order to gain legislative support. This is a higher priority matter than having the Light Board elected or appointed. Through the Chapter 164 changes, this would get 85% of what the advisory committee feels is needed. If things are not working out, then the issue of going to an appointed board could be revisited at a later date. RMLD Governance Advisory Committee/Board of Selectmen Meeting - December 4, 2002 - Page 2 - George Hines noted that he convinced two newer members of the Light Board to run. We had a three member board who was dominated by the Chairman. It failed as a three member board and it has failed with a five member board. The other communities wanted communication and dialogue, and their major concern was the 20 year agreement. Dan Ensminger noted that it is a perception matter. The other communities are concerned that the Town of Reading might try to utilize Light Department funding to the detriment of the rate payers. George Theophanis agreed with a lot of what George Hines had to say. He suggested that we change to a hybrid board that would have one or more appointed members and the remainder elected. If you retain a five member board, then one would be appointed by the Board of Selectmen and the other four would be elected. This would allow the Board of Selectmen to have representation on the Board. George Hines noted that we've seen a four/one situation before and it was not productive. Jim Francis disagreed with changing the recommendation. That proposal generated a lot of hostility from the other Towns. The other solutions give us a longer term best chance of success. Matthew Cummings felt that of all of the recommendations, going to an appointed was the most priority. The ability to remove members is there under an elected or appointed board situation. It's a more important task to clean up the issue of responsibility of the board and of the General Manager. Two things scare the other communities - one is the control of the board and the other is the control of funding. This is a little bit different situation than other boards appointed by the Board of Selectmen because 80% of the revenue is outside the community. He noted that the inflammatory language used by RMLD Counsel Ken Barna has clouded the issues. He felt that we need to fix the big picture and if it doesn't work, we can always look at an appointed board at a later date. Doug Cowell indicated that he was the voice of the minority. He likes the hybrid board and felt that the most important thing is to get the most done that we can at this point, get a General Manager hired, and have controls in place as to what the General Manager does. Richard Schubert felt that in last night's meeting, it was good to hear from the communities and give the communities a chance to hear from the elected officials in Reading. The issue of the other communities eventually will be having a seat on the RMLB and this will need to be addressed in the long run. George Hines indicated that he understands the direction, and feels that the electoral process has failed. Travis Miller noted that there are three phases to be considered. 1. The Inspector General's proposal for change. 2. The recommendations made by the Ad Hoc RMLD Governance Advisory Committee. 3. - If we fail to get support for Chapter 164 amendments, the Town can still do the Charter amendments and go to an appointed board. RMLD Governance Advisory Committee/Board of Selectmen Meeting - December 4, 2002 - Page 3 Doug Cowell noted that all tax payers are rate payers and want to work well with others. Reading is fair. The issue of an elected board versus an appointed board is a smoke screen. Camille Anthony agreed with Richard Schubert's comment that eventually we will need to deal with the issue of whether or not the Town should accept elected members from the other communities. George Hines noted that other communities around us don't consult with the Town, and don't give the Town of Reading a seat on their planning commissions when they approve developments that affect the Town. Neither should Reading give a seat on the Light Board to other communities. Matthew Cummings noted that he is opposed to giving seats on the Light Board to any of the other communities. The CAB is advisory and they were suppose to serve the function of getting input from the other communities. Phil Pacino noted that the outside towns want a seat on the Light Board and it should be considered if they "buy in" to that position. Further discussion ensued on the definition of outside services. It needs to be better defined. The Board of the Light Department would have the authority to establish policies by which outside services are procured. The Town Manager noted that in Town Government it is the elected board that appoints Town Counsel and the Town Accountant. This is true in all four communities served by the Light Department. George Theophanis noted that there are two ways to address this issue: The Board could either do the hiring or the General Manager could do the hiring with the Board having the ability to veto his decision. Gail Wood noted that the Governance Committee should talk to the Light Board. They should seek input as to where the Light Board wants to delegate and where they want to have approval. They should not be permitted to delegate the hiring of the Accountant and Counsel. The Advisory Committee and the Board of Selectmen talked about the budget. Matthew Cummings wondered how much detail line items the RMLD can approve; i.e., can they restrict the cost of general legal services by restricting that line item. Phil Pacino noted that the budget is voted as line items. The RMLB is looking at four levels of legal services: Federal legislative - FERC; Chapter 164 issues; labor issues; general legal. Doug Cowell reminded all that the Board of Selectmen has to curtail the General Manager's power under Chapter 164. RMLD Governance Advisory CommitteeBoard of Selectmen Meeting - December 4 2002 - Pa~.e4_ George Theophanis suggested a working group with Light Board members and Board of Selectmen members to meet next Wednesday instead of the Governance Committee. Dan Ensminger, Matthew Cummings and John Carpenter agreed to serve as well as a couple members of the Light Board and an additional member of the Board of Selectmen. It will be the purpose of the working group to try to refine the language of the recommendations. There was further discussion about changing the fiscal year and centralizing the audit function. The selection of the auditor will be done by the Audit Committee. The RMLB would have a seat on the Audit Committee. Phil Pacino noted that the audit includes retirement trust. The goal of the Advisory Committee will be to have its recommendation to the Board of Selectmen in early January. They would then turn the matter over to the Board of Selectmen to review with legal counsel. The program of changes would then be placed before Town Meeting in April. George Hines reminded the Advisory Committee that they should not issue a final report but it should be a draft so the Advisory Committee can continue in existence. Camille Anthony asked for the presentation to talk about what is the objective. On motion b~penter seconded by Miller, the Advisory Committee voted to ap rove their minutes of November 25, 2002 with the correction of the spelling of Dan Ensminger's name by a vote of 7-0-0. On motion by Miller seconded by Cowell, the RMLD Governance Advisory Committee voted to adjourn the meeting of December 4, 2002 by a vote of 7-0-0. es e tfu s mitted, ecretary