Albany Utility Board members concerned over their new advisory status

ALBANY — Members of the Albany Utility Board asked City Manager Sharon Subadan to review the city of Albany’s charter to determine their future role after the first meeting at which the board served only as a recommending body.

Subadan said that, after reviewing the charter and seeking legal input, she determined that the Utility Board did not have the authority to make decisions that resulted in the expenditure of taxpayer money. At Thursday’s Utility Board meeting, the board recommended approval of three items.

“It’s important that we not trample on the charter,” Subadan said after the meeting. “I wasn’t here when the charter change was made (that impacted the Utility Board’s duties), so I can only speak to what’s happening during my tenure. And after reading the charter and seeking legal advice, I think this is the way we should go.

“Some of the board members say there is a misunderstanding about the intent of the charter change, but I think Commissioner (Bob) Hutchinson is on the right track when he suggests a joint meeting (with the City Commission) to clarify this matter. I know, though, that if we ignore the charter here, how does that impact everything we do in the city?”

Board members Jay Sharpe, Chad Warbington and Hutchinson expressed concern about the board’s new role under Subadan’s interpretation of the city charter.

“I don’t want to impede staff, but I also don’t want to sit here and just go through the motions,” Sharpe said. “I have other things I can do with my time.

“I think I speak for all of the members of this board when I say none of us does this for any other reason than to make our community better. And I believe the City Commission and us have the same heart. We want to take care of the city’s business in a nimble and efficient manner.”

Warbington said he’s worried about timing of decisions that were typically made by the Utility Board but that now must wait until the City Commission’s end-of-the-month business meeting to be enacted.

“We’ve added two or three weeks of bureaucracy to our business,” Warbington said. “I think that sends a wrong message to our staff, who’ve been told we want to make quick, fair decisions.”

Subadan said there’s an additional element to those marching orders.

“Yes, we want to do things faster, better, cheaper, smarter,” she said. “But we’ve got to keep it legal.”

Warbington started the discussion by saying the Utility Board was “in uncharted waters” during its meeting. The presumed Albany City Commission candidate said the new approach does not make good business sense.

“As a business owner, I know there are a lot of times that I can’t sit around and wait two weeks to get approvals (for purchases),” Warbington said. “I think this process of going past extension dates makes us look bad.”

The Utility Board recommended extending a $138,548.52 software agreement with Hewlett-Packard that expires Saturday. City IT/Telecommunications Director Jason Gauntt said Hewlett-Packard had given the city a 30-day extension that will allow the City Commission to approve the measure at its Aug. 25 night meeting.

Hutchinson recommended that Subadan review the charter as it applies to the Utility Board and discuss it further with the board and the City Commission.

“I don’t think we can solve this at this meeting,” Hutchinson said. “And I certainly don’t want to get into a war between appointed and elected officials. I think we should give Ms. Subadan a fair shot at reviewing the charter to find clarity. Then, if they get to the point where they say we have no authority, we’ll need to decide what to do next.”

Mayor Dorothy Hubbard, who also chairs the Utility Board, said Subadan’s interpretation of the charter allows the City Commission to monitor utilities business more closely.

“Ms. Subadan’s read and re-read the charter, and she recommends that we proceed this way,” Hubbard said. “There may be a review, but above all else we have to keep this process legal.”

At Thursday’s meeting, the Utility Board recommended that the City Commission renew the Hewlett-Packard contract, purchase two submersible pumps to replace units at the wastewater treatment plant that Assistant City Manager Phil Roberson said had “outlived their life expectancy,” and OK’d Sunbelt Ford of Albany’s request to use the city’s 5 percent local option policy to match the low bid of $24,252.45 to sell two Ford F-250 pickups to the authority.