Resident Q&A Archive

Exelon Questions

Q1. I would like to know what it means if we do not vote on the PILOT agreement at the May town meeting (btw - cannot find the date on the new website).  The answer i got in the Dems meeting was inappropriate - "I think we told them that we would vote then" and "I'm not going to tell you because i can't change your mind".  If in fact there was an agreement in writing that this has to be voted on then, please show me the document that says this.  I understand that strategically, the BOS and TA feel that it makes the most sense to vote in the town meeting, and i appreciate that this has been thoughtful.  That is not my question.  My question is:  What if we defer the vote...  What does that mean besides the fact that we will have to vote later?

A1. When the Board of Selectmen approved the PILOT in 2015, they noted that the PILOT was contingent upon Town Meeting approval.  In fact, this is an express condition of the PILOT as set forth in Section 12 (“The obligations of the Parties under this PILOT are conditioned on (i) approval of this PILOT by the Town acting by Town meeting ...”).  Exelon was told that the PILOT would be placed on the warrant for the Annual Town Meeting so that it could be acted upon by the broadest possible cross-section of voters.  The PILOT was also dated 2016 premised again on review by the 2016 May Town Meeting.  Finally, the Town covenanted Exelon that, if the Town Meeting approved the PILOT, it would be promptly submitted to the Massachusetts Department of Revenue for review.  (See Section 12.)  Therefore, failure to submit the PILOT for review at the upcoming Annual Town Meeting (and failure of the Town Meeting to act on the PILOT) could be construed as a breach of the Town’s obligation to proceed and could be the basis of a claim that the negotiated PILOT agreement was no longer binding (subject to the conditions set forth in Section 12) and accordingly that it could be withdrawn by Exelon.