Memo on status of Longmeadow, West Springfield surrounding community agreements

On May 2, 2014, the Commission made determinations on objections raised by MGM to the Town of Longmeadow’s and the Town of West Springfield’s best and final offers for surrounding community agreements that were previously selected by two respective panels of arbitrators.  The Commission determined that the Town of Longmeadow’s best and final offer and the Town of West Springfield’s best and final offer shall be modified as described in the Commission’s motions shown below.  Pursuant to the Commission’s regulations, MGM and the towns of Longmeadow and West Springfield may execute surrounding community agreements between the parties by May 9, 2014 or the arbitrator’s report (the best and final offer selected by the arbitrator), as modified by the Commission, shall be deemed to be the surrounding community agreement between the parties.

Note: A hearing in the proposed host community on these agreements will be held on May 14th at 4:00pm at the MassMutual Center – Ballroom A, in Springfield. For more information on the hearing and for instructions on how to submit written comments prior to the hearing, please click here.

Commission Motions Adopted at May 2, 2014 Hearing

Town of Longmeadow Best and Final Offers:

Pages 57-58 of the Transcript

COMMISSIONER MCHUGH: I move that we — that the Commission deny the objections on grounds of fundamental inconsistency filed by MGM to the award of the arbitrators in the case of the Town of Longmeadow with the exception of the objection in so far as invoices for legal and consulting fees are concerned; and that in so far as that provision of the agreement is concerned that the Commission modify the language currently existing in the best and final offer with the word “reasonable” so that, or “reasonably,” so that the provision reads that the community may provide MGM with invoices reasonably evidencing — with invoices evidencing reasonable legal and consulting fees and expenses that the community has incurred.

Town of West Springfield Best and Final Offers:

Pages 83-84 of the Transcript

COMMISSIONER MCHUGH: I move that the Commission reject — that the Commission deny the objection MGM to the arbitrator’s award of the best and final offer to West Springfield with the exception of adding the word “reasonable” in the two sections, Section 1 and 2, that discuss payments of legal fees and other expenses. And with the exception of striking from Section 2 the phrase, quote:  The parties acknowledge that the community shall be free to directly and/or mitigation payment and annual study costs reimbursement together with the annual payments to any uses it deems appropriate and shall not be restricted to use the funds for any purpose set forth herein, closed quote, period.

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