LONGMEADOW — The Longmeadow Select Board voted to sign an intergovernmental agreement with the South Hadley Electric Light Department, which operates the Fiberspring fiber optic internet service provider. Longmeadow is pursuing a municipal fiber network, offering residents a local alternative to commercial ISPs and providing the town with a new revenue stream. At the November Town Meeting, voters approved the creation of a Municipal Light Plant Board and funding for pole permits and design work by Fiberspring.
Select Board Chair Vineeth Hemavathi addressed comments made by resident Tom Shea questioning whether the Municipal Fiber Task Force, which vetted fiber internet providers, was a governmental body with the legal authority to sign the intergovernmental agreement with SHELD. As an advisory body to the Select Board, Hemavathi said the task force made recommendations to enter into a contract with SHELD, which the Select Board approved. He said he and Town Manager Lyn Simmons met with the town counsel and were told that the MLP’s creation and responsibilities can be addressed after the intergovernmental agreement was signed.
Select Board member Mark Gold expressed his own concerns with how he understood the warrant article. The language stated that the town would “transfer from available funds in the treasury, the sum of $491,444.16, or a greater or lesser sum, for the purpose of fiber network design, project management services, pole attachment applications, and to authorize the MLP board to take all steps necessary to carry out this task, or take any other action relative thereto.”
Gold emphasized that he did not see an issue with the Select Board signing the intergovernmental agreement, particularly with the town counsel having weighed in. Although, he asked that the legal opinion be put in writing to protect the town from liability. Instead, his concerns pertained to language that he said specifically authorized the MLP to spend the funding, not the Select Board. Select Board member Josh Levine commented that it depended on the interpretation of the article.
Simmons said the funding was being spent on the items spelled out in the article, which is essential to the action’s legality. Still, Gold insisted that the correct party spending the funding was also vitally important.
Hemavathi assured Gold that he would obtain a written opinion on the matter from town counsel. In the meantime, the board unanimously agreed to approve the intergovernmental agreement.
The second part of the conversation revolved around creating the MLP board. Hemavathi said town counsel had also opined that, despite Longmeadow’s Home Rule Charter listing the boards and committees of the town, it is not an exhaustive list and there is no need to change the charter to reflect the addition of the MLP board.
There are a couple of options for structuring the board. If the town decides on a dedicated, elected MLP board, a warrant article would be needed. Hemavathi said there is not enough time between now and the spring town meeting, so the article would need to appear on the fall 2025 Town Meeting warrant and the earliest a board could be elected would be June 2026.
As an alternative, the Select Board could serve as the MLP board. It would still need to appear on a warrant, followed by a referendum. The Select Board would have to serve as the MLP board for a term of three years, Hemavathi said.
Select Board member Andrew Lam asked if a dedicated MLP board could be elected, and then the Select Board could take over “once the hard work is done.” Hemavathi said he did not receive an answer to that question but did not believe that was the case.
Levine considered whether there was a conflict of interest, with the Select Board responsible to voters and the MLP board beholden to ratepayers. Gold said it was no different than the Select Board acting as water commissioners.
The Select Board also discussed whether to hire an MLP manager, rather than a board, but Hemavathi later explained that a board would be required regardless, although a manager to run day-to-day operations is also commonly employed.
Since the MLP board positions will not be on the 2025 election ballot, he said there is “no urgency” in making a decision on whether it would be a separate board. The conversation was continued to a future meeting.