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_ Minutes of Light Commissioners Meetiq,g., ~... 9: '3
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Present: Chainnan Roger Achille; Vice Chairman Louis P ~ Amoruso; Clerk Bernie
Dolan; Commissioner Steven MacCaffrie; Director Gary Babin; Chief Financial Officer
Kimberly Stoyle; Engineer Ann Langille; Line Foreman Gary D' Ambra; Financial
Assistant Jacqueline Lee and Manager John D' Agostino
Light Commissioners Meeting
The meeting was called to order at 7:30 followed by the Pledge of Allegiance.
Minutes of July 14, 2004
Motion: To approve
(Dolan/Amoruso) Passes 4/0
Chairman Achille recommended setting a schedule for the three remammg Light
Commissioner's meetings in 2004, which would provide a degree of certainty for both
the Light Department and the Board. Director Babin suggested the following dates;
October 13, November 10 and December 1, which were agreeable to the Board and will
be posted by the Selectmen's secretary Linda Paquin.
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Chairman Achille inquired as to how Lineman Shawn Curran was doing ,after his recent
motor vehicle accident. Director Babin answered that he was doing well, was uninjured
and did not miss any work due to the accident.
Director's Report
Financial Report - Chief Financial Officer, Kimberly Stoyle, reviewed the profit and
loss statements and the balance sheets for June and July. Total metered sales revenue for
June was $1,930,456. Total power production expense was $1,512,270. Net loss before
payments in lieu of taxes for the month was $51,121. There was an after payment in lieu
loss of $106,121 which was significantly lower than in June 2003. The June 2004 figures
were also behind what had been budgeted for 2004.
Total metered sales revenue for July was $2,252,723. Total power production expense
was $1,598,137. Net income before payments in lieu of taxes for July was $171,785.
There was an after payment in lieu increase to surplus of $114,785. This is behind July
2003 as this July was not as hot as 2003 and July is typically a banner month. For YTD
July 2004, there was a net increase to surplus of $524,859 which is down from last year.
There was nothing significant to report on the balance sheet. CFO Stoyle did inform the
Board that MMED will be paying a large invoice for Gilbert Street Substation, which
Engineer Chris Cox is currently reviewing.
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Vice Chairman Amoruso questioned whether MMED's financial performance was
behind this year because of the price of oil? He also added that usually once a year
MMED sees a plant close down which also has an effect on income. Director Babin
offered that energy sales and revenues had really been affected by weather. He also
noted that overall energy sales for the year are up 3.9% because of growth in Mansfield,
despite the fact that energy sales decreased 3.7% in July and 7.9% in August compared to
2003 due to the cooler weather. Director Babin stated that the biggest negative impact on
net income is when unscheduled plant outages occur on units in which MMED has an
ownership interest. The fixed cost associated with the plants must still be paid, despite
the fact that there is no plant output during these unscheduled outages, while MMED
must also pay the cost to replace that power on the open market.
Chairman Achille inquired about Financial Assistant Donna Sirois, whose retirement was
mentioned in the Light Commissioners report. Director Babin stated she had worked at
MMED for two and a half years but had worked for the Town for approximately twenty
years.
Motion: To send a letter of appreciation to Donna Sirois recognizing her years of
service with the Town.
(MacCaffrie/Amoruso) Passes 4/0
MMED Payment for Verizon Pole Line Removal - North Main Street f- Director
Babin stated that on August 6, 2001, the Board voted a not-to-exceed figure of $206,348
r to pay Verizon to relocate their overhead facilities to underground on North Main Street.
The project commenced in late 2001 and was completed late in 2003. In June 2004,'
Veriion told MMED they had calculated the cost of their work to be closer to $400,000
but were willing to accept the $206,348 + 10% (which would be $226,982) to finalize the
project. Verizon indicated that in their June 22, 2001 letter summarizing the project, the
total cost ofthe project was indicated to be $206,348 +/- 10%.
Director Babin explained that MMED told Verizon they were willing to recommend
payment of the $226,982 to the Board, provided that MMED could pay the full amount in
four quarterly payments with no interest accrual over the next year. Verizon agreed to
MMED's proposal. Director Babin then recommended to the Board they vote to increase
the amount payable to Verizon from a not-to-exceed amount of $206,348 to $226,777.30,
which was the final amount invoiced by Verizon.
Commissioner MacCaffrie stated he did not want to pay more than $206,348. He had
reservations as to why Verizon would do $400,000 worth of work and be willing to
accept only $226,777.30. He also questioned whether anyone signed anything. Director
Babin indicated that he did see a construction contract in the file on this matter but did
not have a copy of that contract with him. This is the Reimbursable Construction
Contract that Verizon referred to in their June 22, 2001 letter, which was included with
the Board summary on this matter. Director Babin said he would come back to the Board
with a copy of that contract for the Board's review at next meeting. Chairman Achille
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suggested the Board have a look at the contract and any other documentation and then
discuss it at the next meeting.
Vice Chairman Amoruso raised the question as to whether it would be worthwhile to
have a representative of Verizon attend the meeting. Director Babin suggested that since
MMED had made the first quarterly payment and since increasing the authorized amount
would only impact the final payment, due on July 15,2005, that it was not necessary to
bring Verizon in at this point.
Proposed East Mansfield Substation - Director Babin said the second resident meeting
to discuss the East Mansfield Substation was held on July 20, 2004. In attendance were
Commissioners Amoruso and MacCaffrie, members of MMED staff and approximately
forty residents.
Also in attendance was Kevin Costas, Senior Epidemiologist, from the Commonwealth of
Massachusetts Department of Public Health, Center for Environmental Health. Mr.
Costas gave a presentation on EMF (electromagnetic fields) and the potential health
issues related to them at the meeting.
While the first residents meeting, held on April 20, 2004, focused on the potential Bird
Road site identified by MMED, this meeting focused on the three additional potential
sites which MMED has identified. Chris Cox gave a presentation to the audience
utilizing the Town's GIS system to locate and discuss the sites.
As a result of this meeting, the MMED staff made four recommendations to the Boatd
regarding the future direction of this proposed project: (1) That the staff evaluate each
parcel for alternative substation designs, including ways to minimize visual impact, EMF,
noise, etc., before any more meetings are scheduled. (2) That future meetings be posted
as public meetings, in the hopes of preserving decorum. The informal settings at the
previous meetings led to a lack of crowd control. This would also eliminate the need for
MMED to send out letters personally to each resident in the area. (3) The location
seemingly preferred by the majority of the residents is a fifty acre parcel of land off of
Bird Road and is conservation land owned by the Town. It is set back from the road and
is not visible. Since it is conservation land, however, MMED believes a presentation
should be made to the Conversation Commission so that they fully understand MMED's
consideration of this site. Director Babin acknowledged that this parcel, due to covenants
on the land, is the site of last resort. (4) The final recommendation was to remain non-
committal to an offer of land made by Captain William Dowd. MMED has not yet
evaluated the offer but will consider it and bring it back to the Board once the evaluation
as outlined in recommendation 1 is completed.
The Board concurred with each of the staff's recommendations and instructed them to
proceed accordingly.
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MMED also acknowledged that it had performed several EMF readings for residents of
the area as a result of an offer made at that meeting and had found that EMF levels vary
widely from spot to spot.
System Reliability - Engineer Ann Langille reported the outage statistics for the month
of July. The bulk of the outages for the month occurred on July 2 due to a violent
lightning storm. Approximately fifty percent of MMED's customers were affected by the
lightning storm, which had a huge impact on MMED's reliability statistics. The
remainder of the outages were primarily due to squirrel contacts. Chairman Achille
asked what the average number of outages per month was. Engineer Langille answered
that approximately 10-20 reportable outages per month were experienced by MMED.
Policy Manuals - Director Babin then spoke about the two new policy manuals that were
included in the Board package for the Board's review. Engineer Chris Cox had authored
these documents with significant input from the staff over the course of several meetings.
The first policy manual is Customer Service Terms and Conditions, which covers
MMED procedures for application of service, disconnecting service, types of available
service, liability disclaimers and various fees.
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The second policy manual is Construction Requirements for New Developments -
Residential and Commercial/Industrial, which summarizes various. MMED,
requirements and fees applicable for electric service to residential subdivisions,
commercial and industrial developments and residential developments.
Director Babin stated these manuals were very comprehensive, combining various
MMED written and verbal policies implemented over the years, and that virtually every
aspect of MMED's customer related policies can now be found in a written policy. He
suggested that the Board review them over the next month, and should anyone have any
questions, to call him. Director Babin would then ask the Board to formally vote to
approve these policy manuals at the next meeting.
Director Babin pointed out one major change in the handling of billing for commercial
developments, the cost of which had in the past been supported by MMED. Previously,
MMED would project the revenues to be received within the first year from the
development, and would be willing to invest that amount of money in the project's
electrical service. If, at the end of the year, there was a difference between revenue
projected and revenue received, the developer would then be asked to make up the
difference. One problem with this approach is the developer would often no longer be
the customer of record as the account would be turned over to a retail customer. Another
consideration was the negative impact on customer relations of having to go back to a
customer and tell them they owe MMED money. The new policy states that the
developer or contractor must pay for their share of the work up front. Commissioner
MacCaffrie said that amongst the electric departments he has done business with, this is
their policy as well.
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Article of Interest - Director Babin reviewed an article from the July 13 Boston Globe
entitled "Tangled up in View". He said he thought it was particularly relevant as it told
the story of several municipalities experience in trying to get overhead pole lines placed
underground, similar to Mansfield's experience with Verizon's undergrounding of its
pole line on North Main Street. The article was based on the experiences of the towns of
Duxbury, Chelmsford and North Andover.
The article discusses the difficulties that these communities have had with getting the
various utilities (Electric, Comcast, and Verizon) to place their lines underground as well
as the costs of doing so. The article mentioned an average cost of $1 million per mile.
Director Babin pointed out that MMED paid Verizon's costs to have their facilities
placed underground, which is highly unusual. This was done, he surmised, because of
the length of the Town's dispute with Verizon.
Director Babin pointed out that the normal procedure for utilities recuperating the cost of
burying overhead wires underground is outlined in Chapter 166 of the Massachusetts
General Laws. Once the governing body of a town directs a utility to underground their
facilities, the utility is then allowed to pass through a 2% surcharge on all utility bills they
issue in the town until the cost is fully recuperated. Director Babin said that the
precedent that Mansfield has established for the North Main St. project is not
recommended for future Mansfield projects as MMED ratepayers should not be required
to pay for the undergrounding of other utilities lines.
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Questions and Comments
George Dentino, 2 Gladiola Terrace, stated that at a prior meeting Commissioner
MacCaffrie asked Director Babin if he was comfortable with internal service charges for
the Town for the fiscal year ending June 30, 2004. Mr. Dentino said that Director Babin
had indicated that he was.
Mr. Dentino indicated that he wanted to look at a few of these costs, the first of which
was retirement costs. He said in 2003, the retirement costs to the Light Department were
$144,940, and in 2004, the amount increased to $231,413. He asked how a 60% increase
could be justified. Director Babin reiterated that what he had said at that meeting was
that he went over the allocation methodology with Town Accountant Bea Kearney and
was satisfied with the methodology employed. He explained that many of the employees
in the Light Department have Group 4 retirement status, which means that an unfunded
pension liability is created because Group 4 status accelerates the retirement time frame.
Mr. Dentino responded by saying there was no way an escalated pension could justify
this great of an increase. Manager D' Agostino added that the Bristol County pension
system lost money in the market as a result ofthe downturn in the market.
Director Babin explained the 2003 figure of $144,940 was based on a percentage of
payroll, which was the method used in distributing pension costs that year. The FY 2004
figure was based on a new methodology; a combination of actual pensions paid by
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MMED plus a portion of the unfunded pension liability that the Town is assessed by
Bristol County. Director Babin indicated that this made sense to him as it employed
actual pensions paid plus a portion of the unfunded pension liability distributed on a
percentage of payroll. In addition, MMED pays a small portion of John D' Agostino's
pension in his role as Light Department Manager. Director Babin added that very few
pension systems are fully funded and almost all carry a contingent liability they are trying
to recuperate.
Mr. Dentino stated it took 3-4 years of arguing at these Board meetings to get the
methodology changed so that the Light Department's retirement costs were based on a
percentage of payroll. He believes it has now gone back to a process which is based on a
faulty premise. He asked if the Light Department shouldn't be paying their fair share and
not an inflated amount. He also believed the Light Department should not be paying
Manager D' Agostino's pension, as he only receives a stipend from the Light Department
and is not an employee. Chairman Achille suggested Mr. Dentino and Director Babin
meet at another time to further address Mr. Dentino's concerns.
Old Business
Commissioner MacCaffrie asked Line Foreman Gary D' Ambra if the Light Department
owned a portable generator which could be used at the sewerage treatment plant, the
Town Hall or any commercial building which may have to be shut down temporarily.
Foreman D' Ambra said the Light Department does own one but it's not big enough to
handle what Commissioner MacCaffrie is suggesting.
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Director Babin pointed out possible concerns about how the Light Department would
prioritize customers for use of the generator if multiple businesses had outages. What
would the legal ramifications be of giving it to one customer and not another? Another
consideration is if there was an outage, workers would be busy elsewhere trying to rectify
the outage and could not be involved with hooking up a portable generator which would
serve only one customer.
Foreman D' Ambra said due to the Board's past voting, a portable generator has been put
to the bottom of the list of priorities. Currently, Foreman D'Ambra mentioned, the Light
Department rents portable generators from Southworth Milton when they are needed.
Chairman Achille requested this be put on a future agenda.
Director Babin also informed the Board that Office Manager Laurie Anderson had
followed up on Commissioner MacCaffrie's suggestion from the July Board meeting and
had delivered appliance rebate applications to Home Depot.
New Business
There was no new business.
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Adjournment
Motion: To adjourn the Light Commissioner's meeting at 8:40
(Amoruso/MacCaffrie) Passes 4/0
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Date of Approval
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