HomeMy WebLinkAboutLIGHTCOMM MIN09142009
Mansfield Municipal Electric Department
Minutes of Light Commissioners Meeting
September 14, 2009
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Present: Chairman Jess Aptowitz; Clerk Ann Baldwin; Commiss.i9ner George Dentino;
Commissioner Sandra Levine; Director Gary Babin; Engineer ChIjs'. Cox; Staff AccQuntant
Ken Thomson and Financial Assistant Jacqueline Lee.
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Light Commissioners Meeting
The meeting was called to order at 7 :00 PM followed by the Pledge of Allegiance.
Motion: To approve the minutes of the July 13, 2009 Light Commissioners meeting
(BaldwinlDentino) Passes 3/0/1 (Levine abstained)
Commissioner Dentino asked about the last paragraph of the July 13 minutes where he
questioned Director Babin about revising the engineer's job description. He said that he
hadn't disagreed with Director Babin but that the union had to agree with the revision of the
job description. Director Babin responded by saying that the Board is being asked here to
approve the minutes as an accurate description of what was discussed. Chairman Aptowitz
suggested that Commissioner Dentino bring this issue up at Old and New Business.
Chairman Aptowitz requested that going forward, Director Babin post the Director's Items
from the Board packet on the website as the other agenda which is currently posted to the
website does not contain any specific information.
Financial Statements for July 2009 - Staff Accountant Thomson explained that the
Transmission expenses in July were very low because of a $205,000 transmission bill that was
received in July but had to be recorded in June because of the fiscal year end.
Director Babin reported that energy sales were down 19% for the month, which were
primarily weather driven but also reflected the economy. He said that the Generation Charge
through July was undercollected by $500,000. MMED will see how the Generation Charge
for the month of August looks and then it will be adjusted for the last quarter. Director Babin
told the Board that there is $82,000 remaining in Rate Stabilization money from the 8% rate
of return issue that needs to flow back to the ratepayers in August and September.
Commissioner Levine wondered how you distinguish whether low energy sales can be
attributed to unseasonably cool weather or whether it's the downturn in the economy.
Director Babin answered that he had spoken to Mayhew Seavey of PLM about this.
According to Mr. Seavey's model it comes out, weather adjusted, to be about a 5% drop in
sales. That's the economic component and the rest can be explained through weather.
Commissioner Levine then asked how MMED knows when they should increase the Rate
Stabilization Fund. Director Babin stated that it's not a timing issue but more of an issue of
what has occurred. For example, he said that when MMED had an 8.6% Rate of Return in
2008, the Board voted to return the excess over 8% to rate stabilization and this was being
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returned to ratepayers through the Generation Charge. He explained that the Rate
Stabilization Fund is money that is earmarked to go back to the ratepayers and that the Board
also has the right to direct operating funds to the Rate Stabilization Fund.
Commissioner Dentino questioned the Non-Operating (Income)/Expense on the Profit and
Loss Statement. Staff Accountant Thomson said that the ($56,920.00) for FN 2010 YTD
Actual represents income from customer funded projects MMED performs. He explained that
the ($4,984.00) figure in the FN 2010 YTD Budget column is a per month estimated figure.
The Prior Year Actual of ($173,650.00) is due to the construction of the Mansfield Green.
Commissioner Dentino said that MMED has extended the Calpine Rate Stabilization Fund for
about seven months as it should have ended in January. He reiterated that he has asked for
this information before and that he would like to know the total dollar amount of the Calpine
drawdown and the total dollar amount of the Dominion contract that replaced it.
Director Babin said that $10.2 million was the difference between the $7.2 million MMED
would've paid Calpine and the $17.4 million that Dominion was paid for the same amount of
energy. Calpine then paid MMED $9.2 million cash from an escrow account, which then
accrued interest, toward the $10.2 million and was allowed to contractually skip a $194,000
payment to Calpine for energy delivered. He said that MMED ratepayers actually paid
$313,000 more for Dominion than they would've paid for Calpine due to the termination of
the Calpine contract.
Commissioner Dentino believes that was just a paper swap and wants to know the actual
amount MMED has drawn down in escrow. Director Babin stated that the total value of the
Calpine settlement was $9,878,554.
Commissioner Dentino stated that MMED got $9.9 million from Calpine and it cost $17.4
million to buy the power from Dominion. He believes Director Babin cannot add on what he
thinks MMED would've paid Calpine because it is irrelevant. He stated that he doesn't care
what MMED would've purchased from Calpine because they didn't. He believes it cost the
ratepayers $7.5 million ($17.4 million minus $9.9 million) to get out of the Calpine contract.
Director Babin said that for example, in January 2006 MMED would have paid Calpine
$211,000 that month for energy and actually ended up paying Dominion $557,000 that month
for the exact same amount of energy, the incremental cost being $346,000. That additional
amount was then covered from the Calpine Rate Stabilization Fund. Commissioner Dentino
pointed out that Director Babin chose to draw down the escrow account instead of continuing
with Calpine which he could've done. Commissioner Dentino noted that Calpine was still
supplying energy as of yesterday.
Director Babin believes the Town was made 97% whole, costing them only $313,000. He
stated that MMED got the same amount of energy from Dominion that it would have gotten
from Calpine and that the incremental cost was $10.2 million, toward which MMED received
$9.878 million from Calpine.
Commissioner Dentino said that since Director Babin took the escrow, he didn't have to pay
for Calpine's power. Commissioner Dentino stated that MMED breached the contract then
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went out and paid $17.4 million to Dominion. He believes the Town was damaged by $10.5
million.
Chairman Aptowitz said that he spoke to Office Manager Laurie Anderson in regards to the
Accounts Receivable NSF charges and whether they had anything to do with the new lock
box issues. Director Babin indicated there were two instances where it did. Chairman
Aptowitz said that he would like that reported to Treasurer Roxanne Donovan who is going to
let Century Bank know that they are responsible for the charges as it was their error.
Chairman Aptowitz questioned the decrease in Administrative-PayrolllBenefits and wondered
if the difference was the engineer's salary. Staff Accountant Thomson said that
Administrative-Payrol1/Benefits represented his own salary and Director Babin's salary plus
benefits for the entire department. He explained that last year there were a couple of
employees who were out sick for an extended amount of time which contributed to this years
Increase.
Reimbursement to Town for FY09 Costs Incurred for Employee Benefits, Insurance,
Town Services and PILOT - Director Babin stated the services that the Town pays for on
behalf of MMED and for which the Light Department reimburses the Town are retirement,
health and dental insurance as well as various types of auto and liability insurance. The only
services the Town provides that MMED pays for are MIS and GIS services. In addition
MMED makes a $480,000 PILOT cash payment.
An estimate is prepared at the beginning of the fiscal year and MMED accrues the expense
monthly. Estimated quarterly payments are made to the Town and the 4th quarter payment
reconciles the actual charges with the estimated charges for the year.
Commissioner Levine questioned the funded pension amount of $3,205,320. Director Babin
answered that the Light Department pays $290,000 of the total pension liability; $216,000 for
pensions paid plus $74,000 ofthe unfunded pension liability.
Chairman Aptowitz wondered where he would find the Treasurer's Department costs for bill
processing. Director Babin explained those costs are not broken out because they are
considered part of the services that MMED gets for the PILOT.
Chairman Aptowitz thought it was unusual that some costs, including insurance, had
decreased over the years. Director Babin also explained that MIS costs are actual costs and
based on the amount of requests for services that MMED makes during the year. He said that
the Light Department does not pay a percentage of Lou Costa's salary.
Senior Luncheon - Director Babin said that Chairman Aptowitz had asked him to put this
item on the agenda. Director Babin explained to the Board that the cost of the Senior
Luncheon is considered as part of MMED's 14 of 1 % revenue requirement for MMED's
Residential Conservation Services (RCS) program because energy conservation and electric
safety are emphasized. Chairman Aptowitz then suggested energy saving light bulbs as the
giveaway instead of the reusable shopping bags but told Director Babin he would leave this
up to him.
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Implementation of 6.25% Sales Tax - Director Babin told the Board that MMED
implemented the new 6.25% sales tax for non-exempt accounts with the September billing.
FY09 Auditor Hire- Director Babin told the Board that R.E. Brown and Company will be the
auditor for both the Town and the Light Department for the next three fiscal years. MMED's
cost will be $18,000 per year.
Update on Automatic Payment Methods and Lock Box System - Director Babin gave the
Board an automatic monthly payment summary update. He said that in addition to the
recurring credit card and direct debit payments, MMED also receives on-line payments.
Director Babin explained that due to staff reductions in the Treasurer's Office, MMED started
using a lock box for payments with Century Bank in July. There was a problem in the
beginning of August where no payments had been received one day and it caused a problem
with those customers who had made payments that had not been posted. It was determined
that the post office sent the batch of payments to the wrong bank and that those payments had
finally shown up at Century a month later. He also said there is still a timing issue with
payments that go to the Treasurer's Office through the Town Hall drop box and then are
mailed to the lock box. There also continues to be a problem with on-line banking payments
through the lock box, although Director Babin indicated MMED has always had on-line bill
payment issues with bank issued checks.
Commissioner Dentino asked the cost of the lock box. Director Babin answered that MMED
has not been invoiced as of yet.
Liens on Residential Properties- Director Babin told the Board that one time each year,
MMED has the opportunity to lien home owners who have not been paying their electric bill.
This year there have been 19 of these accounts identified, 10 of which are protected accounts,
which means they have paperwork on file with the DPU or are senior citizens. In the past,
MMED has liened only unprotected accounts.
He said the resident is first notified by letter that if they don't pay their electric bill that they
will be liened. If they don't respond or indicate that they are not going to pay it then MMED
would place a lien on their property which will show up on the resident's property tax bill.
Director Babin said he wanted to inform the Board of the procedure and also get direction
from the Board as to whether they thought MMED should lien the protected accounts. He
also noted that although protected accounts could not be shut off, the DPU did not prohibit
MMED from placing a lien.
Chairman Aptowitz questioned the dollar amount of $11,056 which represents two accounts
belonging to senior citizens. He commented that this must go way back and asked if they
ever made any payments at all. Director Babin answered that because they are senior citizens
they are protected and they can't be shut off.
Chairman Aptowitz then raised the issue of the resident's credit, if pulling their meters was
not an option and they were not making any payments. He said he would also like an idea of
the properties in question.
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Commissioner Levine wondered if any of the people on the list ever made any progress with
their balance. Director Babin said there are periodic payments made. Chairman Aptowitz
thinks that at a minimum people should be paying their current bill.
Chairman Aptowitz again suggested calling the credit agencies in regards to these customers.
Director Babin said that he believed the only time MMED could get involved with a
customers credit line is when an account has been finalized and the customer doesn't pay,
then this would be placed on the customer's credit report. Chairman Aptowitz pointed out
that the rest of the ratepayers should not be subsidizing these people and MMED should do
whatever they can to protect all of its customers.
Commissioner Dentino thought these accounts deserved another look, as to what the property
is like and the current situation of the owner. Chairman Aptowitz said he believes they owe it
to the other customers. Director Babin cautioned the Board that they should be careful about
attempting to judge hardship and that they need to be objective. Chairman Aptowitz asked
Director Babin to look into the possibility of reporting these customers to the credit bureaus.
Commissioner Levine asked Director Babin how MMED determines the legitimacy of the
forms and the people who submit them. She wondered if the DPU had a certain formula.
Director Babin assured her there were criteria that had to be met and that MMED did its due
diligence to verify the information.
Commissioner Levine asked if there was ever an instance where MMED was aware that a
customer had a doctor fabricate a letter. Director Babin answered that is not for MMED to
judge.
Commissioner Levine asked that Director Babin look for other avenues as she was not
inclined to put a lien on a senior or protected person's account. Director Babin said in his
opinion he saw nothing wrong with liening all of the accounts. He said MMED had until the
end of October to submit a list of liens to the Treasurer's Office. Chairman Aptowitz then
asked if this could be discussed at the next Light Commissioners meeting in October when
Director Babin could come back with answers to their questions. Director Babin indicated he
would put it on the next agenda.
Discussion of Power Supply Presentations - Chairman Aptowitz asked Director Babin ifhe
was looking for a motion that evening as to which of the three power supply organizations
MMED should choose. Director Babin said that he was not and it did not have to be this
evening since MMED did have some time.
Commissioner Levine said she has concerns about PLM because they are such a small
organization. She thinks that they can't offer the services that the others can. She said she
would compare ENE to MMWEC. Commissioner Levine then commented that MMWEC is
complete and MMED gets all of its needs met although MMWEC, although it is pricy.
Commissioner Dentino was surprised that PLM and ENE put on such professional
presentations especially since they are the newcomers. He also believes ENE is comparable
to MMWEC and noted that it is cheaper.
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Chairman Aptowitz said he liked ENE but he wonders if they are best serving their owners or
clients. He pointed out that MMWEC is the only one that offers a credit support line for
MMED. He noted that MMED may have to wire ENE money on a daily basis. He also
commented that MMED has a long history with MMWEC.
Director Babin stated he had refrained from offering the staff s opinion to this point as he
wanted the Board to come to their own conclusions after hearing the presentations. He said
that he agrees with the Board on PLM's capabilities but is concerned with their lack of depth
and coverage and what they offer is really minimal.
Director Babin stated that ENE does offer everything that MMED is looking for and has deep
staff. He believes they offer everything MMED needs and would do a good job. But he
added that ENE benefits from all the work that MMWEC does representing public power and
that this is bothersome. He believes ENE rides MMWEC's coat tails in terms of representing
the best interests of public power in a variety of industry forums. Director Babin agreed with
Commissioner Aptowitz that ENE does not offer the credit support or the active cash
management services MMWEC does.
Director Babin believes MMWEC offers the whole package. He admitted there are some
services offered that MMED doesn't need and that MMWEC is more expensive. But he also
added that in his view, this is more of a philosophical decision than a financial one. MMWEC
represents public power as a whole and if you are philosophically committed to the idea of
public power then MMWEC is the right choice for MMED.
Director Babin stated that MMED and public power is a lot different from investor owned
utilities. Despite having separate service territories, he said the competition between them is
very real. He said MMWEC has always been in the front lines representing and fighting the
competitive battles on MMED's behalf in the regulatory and ISO arenas.
Director Babin added that he was surprised MMWEC did not feature during their presentation
that MMWEC had initiated the litigation with the ISO on the Canal issue and that MMED
directly benefitted with a $450,000 settlement on the initial phase of the litigation. MMWEC
also preserved its future litigation rights in that settlement and continued the fight which
ended up with a resolution to the Canal issue, which had cost MMED ratepayers $2.3 million
in 2008 alone. The expedited transmission solution was directly due to MMWEC's
involvement and as a result MMED no longer faces Canal charges.
Director Babin then posed the question to the Board of how much of a philosophical
commitment do they want to make to public power. He believes it is not strictly a financial
issue and his opinion is to go with MMWEC.
Chairman Aptowitz asked that this be put on the next agenda for a vote.
Old and New Business - Clerk Baldwin said that even though Vice Chairman Moran was not
in attendance, she was prepared to vote on the engineer's position this evening.
Commissioner Levine asked if there was going to be any further discussion on the subject.
Director Babin requested that the Board hold their discussion of the topic until there was a full
Board.
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Commissioner Dentino said that the Board had discussed work at home policies at the last
Selectmen's meeting and wondered if they were going to do the same as Light
Commissioners. He said if someone working for the Town had to work from home they had
to bring it for approval to the Town Manager. He suggested that perhaps, for the Light
Department employees, they should be required to ask approval from the Light Department
Manager or the Light Commissioners.
Director Babin said to the best of his knowledge there is no one at the Light Department
working from home and using it as a substitute for their scheduled work hours in the office.
Motion: In order for a Light Department employee to work at home they must first
obtain approval from the Light Department Manager after which it is to be reviewed by
the Light Commissioners. If the Light Department Manager wishes to work from home,
he/she must first go through the Light Commissioners for approval.
(DentinolBaldwin) Passes 3/1 (Levine against)
Commissioner Levine stated that she thought this was an attempt to run the Light Department
and she believes this is not the Light Commissioners job but rather the Light Department
Manager's job. She said she is very much opposed to this policy.
Director Babin proposed Monday, October 19 for the next Light Commissioners meeting.
The Board agreed.
Chairman Aptowitz asked where MMED stood with the plans for the new substation at Bird
Road. Director Babin said he plans on giving a full report at the next Light Commissioners
meeting.
Chairman Aptowitz also asked Director Babin to produce a worksheet which would satisfy
the Light Commissioners in regards to Calpine. Director Babin said he will do that.
Commissioner Dentino wanted clarification as to whether comp time shows up on an
employee's payroll stub. Director Babin answered that it does.
Motion: To adjourn the Light Commissioners meeting at 9:25
(Baldwin) Passes 4/0
Respectfully submitted: Jacqueline Lee 10/19/09
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