Future of energy compact riles assembly

BARNSTABLE — If the contentious debate at the Barnstable County Assembly of Delegates meeting Wednesday is any indication, the planned breakup between the county and Cape Light Compact will be a messy divorce.

A discussion of a proposed ordinance related to the county’s possible financial stake in the compact elicited a fiery back-and-forth between delegates on both sides of the argument.

The county, which has acted as the fiscal and administrative agent for the compact for two decades, recently signed a termination and transition agreement with the energy aggregator effective June 30. The compact, founded to serve all 21 towns on Cape Cod and Martha’s Vineyard by buying power in bulk for customers, providing energy-efficiency programs and advocating for ratepayers, has been working toward independence by forming a Joint Powers Entity with member towns. The new operating structure would provide it with its own Federal Employer Identification Number and protect all members from liability under the law.

Earlier this month, the assembly's deputy speaker, Deborah McCutcheon of Truro, with support from four other delegates, filed an ordinance arguing that the county funded start-up of the compact and supported its ongoing operations and was therefore entitled to an audit of what properties, intellectual or otherwise, it might own.  

“My goal is to get general background information (on the ordinance) and get general weigh-in from the delegates,” said assembly speaker Suzanne McAuliffe, of Yarmouth. “If we move forward, the ordinance will be put to a public hearing with an intense discussion (from the assembly)."

McCutcheon said she was an attorney, though not a corporate attorney, but was taught that people who create a company and put money into it own it. 

“Employees on our payroll are asserting ownership,” she said. “That doesn’t seem fair to me.”

McCutcheon noted an audit would determine “who owes what to who” and ensure every party gets its fair share of the project.

Barnstable delegate Patrick Princi warned against the expense of an audit that may only come down to who owns a “few pencils and some leased automobiles.”

McCutcheon countered by saying the county paid for the compact’s rent, computers, telephone systems, cars and employee benefits through the years.

Delegates Edward Lewis, of Brewster; John Ohman, of Dennis; and Linda Zuern, of Bourne, all expressed opposition to the ordinance.

“Some people in this body are constantly going after them (the compact),” said Lewis, who later called a compact rate increase figure cited by McCutcheon a lie.

Ohman made reference to the New England Patriots' recent championship season, calling the ordinance the “revenge tour” for compact critics.

“No creditors are knocking on their doors, but we’re going through a financial crisis due in part to our largesse to them,” said ordinance supporter Ronald Bergstrom, the delegate from Chatham.

Bergstrom also called the compact leadership’s approach toward critics “deplorable.”

“My personal belief is that every bit of criticism they get is their fault and comes from their attitude,” he added.

“I’m shocked that people would question the integrity of other members of the assembly for putting this ordinance forward,” said supporter Lilli Ann Green, the delegate from Wellfleet.

When the dust had settled, McAuliffe said she would open “Pandora’s box” and hold a public hearing on the ordinance in coming weeks.

After the meeting, a delegate told the Times that the coming vote on the ordinance would be “too close to call.”

Compact administrator Margaret Downey, who did not attend the meeting, did not return a call seeking comment as of the Times deadline.

The assembly also spent more than an hour discussing the future mission, leadership and governance of the Cape Cod Water Protection Collaborative, whose initial fiscal 2018 budget request of $502,000 was rejected by the county commissioners. The collaborative’s immediate operations would be funded by unencumbered money from the current year’s budget and future disbursements from a yet-to-be-created county grant pool.

Last week, the collaborative endorsed the concept of morphing into an advisory committee, designated by the Cape Cod Commission, to provide municipal oversight for the federally mandated regional Section 208 Water Quality Management Plan.

“At this point, my goal is to make sure the collaborative doesn’t get lost in the budget crunch and fade away,” McAuliffe said.

— Follow Geoff Spillane on Twitter: @GSpillaneCCT.