Council takes no action on Badger Power agreement

CLINTONVILLE – When considering the approval of a resolution and contract to restate and amend the Badger Power Marketing Authority Formation contract, the Clintonville Common Council took no action, as some alderpersons expressed concerns that the city attorney had not reviewed the agreement document.
By taking no action on the resolution and contract at the council’s May 12 meeting, it will allow Clintonville City Attorney Keith Steckbauer time to review the agreement document and provide the council with his recommendation regarding the agreement.
Leading off the discussion on the matter, Ald. Thomas Behnken told the council that the formation contract would give Badger Power Marketing Authority the ability to contract on behalf of the city of Clintonville for purchasing power.
Due to communication issues, Behnken told the council that Steckbauer did not have the opportunity to review the agreement from Badger Power.
Steckbauer confirmed that he did not have an opportunity to review the agreement, adding that in addition to representing the city of Clintonville, he also represents the city of Shawano, which is also part of the agreement.

“I don’t have any comment on it (agreement),” Steckbauer said. “I guess if you want me to comment on it, we’re not getting it done today because I literally saw it today.”
Council President Greg Rose, who also represents the city of Clintonville on the Badger Power Board, said the agreement is a “much needed update.” He said many outdated items were updated in the proposed agreement.
“It is really important that we have an understanding that we are teamed up with Shawano and that we’re working together for the mutual benefit of both utilities as we take endeavors that are costly and timely,” Rose said. “Anybody who would be making an agreement like this wants to have the assurance that the other one is going to be sticking it out.”
Jennifer Miller, finance manager for Badger Power, told the council that this all came about because Badger Power was updating its bylaws. She said the original formation agreement for Badger Power was from 1984.
“They were much needed updates, very out of date and not very informative,” Miller said. “They were very generic you could say. Once you would get this approved, then we would be looking at sending that to the Secretary of State and have that filed as a new copy.”
Ald. Jim Supanich told the council that over the past couple years he started having concerns about Badger Power’s “methods when it comes to finance and setting up rates.” He recommended that the approval of the resolution and contract be tabled for a month so the city could have a meeting to discuss his concerns.
Rose said he did not agree with tabling the matter.
Ald. Tammy Strey-Hirt asked what would happen if the council did table the agreement approval.
“Our contracts and things that we’re working on with our solar project and other purchase power agreements will be delayed,” Rose said.
Clintonville Utilities Manager Dave Tichinel told the council that if the city isn’t part of Badger Power, there would be a lot of work that would need to be completed regarding power for the city. He added that he has done a lot of work on the solar project that will be installed at Clintonville Municipal Airport.
“Our solar project, there’s only one thing hinging on that project right now, that’s our purchase power agreements between OneEnergy (Renewables) and Great Lakes Utility,” Tichinel said. “I put a lot of work into this. I don’t want to see that go away.”
He added that the city could get out of the agreement in the future with a one-year withdrawal notice.
“We have to move forward, or a lot of work that I had put in and Great Lakes Utility and a lot of staff put in, it might not happen,” Tichinel said.
Ald. Brad Rokus said he did not feel comfortable approving the agreement if the city attorney did not have the opportunity to review it.
While acknowledging the concerns of Rokus, Rose said he and other city representatives on the Badger Power Board did review the agreement, and they all were recommending approval of the agreement.
Steckbauer clarified that he had read the agreement but didn’t have time to think about the ramifications it would have on the city. He added that he also needed to determine if he had a conflict of interest since he represents both the cities of Clintonville and Shawano, who are both part of the contract.
“I need to decide if I need to get a conflict waiver because I have two parties to that agreement,” Steckbauer said.