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HomeMy WebLinkAboutLight Comm 11/04/2015Light Commission Executive Session November 4, 2015 Present: Jess Aptowitz — Chairman Olivier Kozlowski — Vice Chairman Frank DelVecchio — Clerk Doug Annino George Dentine, William Ross — Town Manager Gary Babin — MMED Director Tracey Whalen — Administrative Assistant Motion: To open MMED meeting and not return to open session (Aptowitz) 6:36pm RECEIVED CL(_Rt�S OFFI 706 MAY -b A q: 0 Mr. DelVecchio read the Vote To Enter Into Executive Session Pursuant To M.G.L. Chapter 164, Section 47D, And M.G.L. Chapter 30A, Section 21, Exception 10, To Discuss Trade Secrets Or Confidential, Competitively Sensitive Or Other Proprietary Information Related To Massachusetts Municipal Wholesale Electric Company (MMWEC) Proposal For The Purchase Of Energy And Capacity Output The Disclosure Of Which Will Adversely Affect The Commission's Ability To Conduct Business In Relation To Other Entities To Approve Executive Session Minutes Of October 21, 2015 In Regards To M.G.L. Chapter 30A, Section 21, Exception 3, To Discuss Strategy With Respect To Litigation If An Open Meeting May Have A Detrimental Effect On The Litigating Position Of the Public Body And The Chair So Declares In Regards To Ralph Penney, et al. v. Town Of Mansfield, et al. Bristol Superior Court C.A. No. BRCV2009-01767 To Approve Executive Session Minutes Of October 26, 2015 At Which The Commission Invoked: i. Exception 10, To Discuss Trade Secrets or Confidential, Competitively Sensitive Or Other Proprietary Information Related To Massachusetts Municipal Wholesale Electric Company (MMWEC) Proposal For The Purchase Of Energy And Capacity Output The Disclosure Of Which Will Adversely Affect The Commission's Ability To Conduct Business In Relation To Other Entities Motion: To enter into Executive Session (DelVecchio/Kozlowski) DelVecchio AYE, Annino AYE, Dentino AYE, Kozlowski AYE and Aptowitz AYE PASSES 5:0 The Chairman began the meeting by confirming that Mr. Annino was able to meet with Mr. Ross and Mr. Babin to gain an understanding of the Peabody Peaking Project to which Mr. Annino agreed. The Chairman stated that tonight's meeting is to agree to participate or not. Mr. Ross then read the proposed motion for the Commission: Now, Therefore, it is agreed: I. That the undersigned hereby agrees to become a Participant in Special Project 2015A in accordance with the terms and conditions of Section 11 of the MMWEC Service Light Commission Executive Session November 4, 2015 Agreement which terms and conditions are incorporated herein by reference and shall be fully applicable hereto; 2. That the undersigned hereby agrees that its share of Special Project 2015A shall be up to 5,284KW of the capacity and associated energy to be derived from Special Project 2015A; 3. That the undersigned hereby agrees to allow non -Member Participants to share in the entitlement or allocation in this Special Project as a Special Project Participant without regard to such Special Project Participants' Member status; 4. That the undersigned hereby agrees to pay its pro rata share of the costs of carrying out Special Project 2015A, as established by the Board in the Special Project Fund as provided to the undersigned, which pro rata share shall be based on the undersigned's participation in Special Project 2015A; and 5. That the undersigned hereby agrees that the undersigned's preference allocation to the energy from Special Project 2015A shall be equal to its pro rata share of Special Project 2015A. Mr. Ross asked that the motion include authorization for the Town Manager to execute. (DelVecchio/Annino) Discussion: The reason for the Executive Session was so negotiations could be conducted privately where there could be no risk of a competitor undercutting the bid. Mr. Kozlowski asked if the format of motion regarding the Town's participation level was correct to which Mr. Ross noted the motion states "up to" the maximum but that the Town does not have to take the maximum 5,284KW. Mr. Babin noted he also has blank motions in case the Commission chose to write in a different number. Mr. Babin reported that six systems have signed on where Templeton opted out as it already has the capacity and Princeton opted out as it has a peculiar arrangement with another supplier which it does not want to harm. Mr. Babin noted there are 12 remaining (including Mansfield) that are in the decision making process. Of note, Peabody and Holyoke are signed on and Chicopee is very interested. Mr. Babin also noted this would reduce MMED's open capacity position down to 32%. Mr. Annino noted he was attracted to the diversity. Dentine, NAY, Annino AYE, DelVecchio AYE, Kozlowski AYE, Aptowitz AYE PASSES 4:1 Dentine, NAY Motion: To approve Light Commission's October 21, 2015 Executive Session minutes and not to release (Kozlowski/Annino) PASSES 5:0 Motion: To approve Light Commission's October 26, 2015 Executive Session minutes and not to release (Kozlowski/DelVecchio) PASSES 4:0:1 Annino ABSTAIN Motion: To adjourn Light Commission Executive Session at 7:58pm (Kozlowski/DelVecchio) PASSES 5:0 Light Commission Executive Session November 4, 2015 Signathre of Clerk Adw Light Commission Executive Session November 4, 2015 !/ /7 Z/ Date VA