Falmouth Enters Mediation On Reneged​ Wind Turbine Agreement

Falmouth Land Court -Wind Turbines 10/31/2016

Town of Falmouth vs the Falmouth Zoning Board

The discovery period closes on October 31, 2016. A telephone conference call is scheduled for October 31, 2016 at 9:30 A.M.

Attorney Christopher Senie participated on behalf of the neighbors around the wind turbines has won court approval to intervene.

Falmouth town counsel Frank K. Duffy Jr. is in talks with multiple attorneys regarding the two Falmouth wind turbines, following a selectmen’s decision to pursue mediation in July of 2016.

On November 7 of 2013 Town counsel Frank K. Duffy and former select board member Rebecca Moffitt, representing the town, came to an agreement in Barnstable Superior Court over the wind turbines . The Falmouth select board reneged on that agreement one week later.

Mediation, as used in law, is a form of alternative dispute resolution, ADR. During mediation attorneys offer a choice of A B or C to plaintiffs. Always remember D none of the above .

The Town of Falmouth has made the decision to call its insurance company, Massachusetts Interlocal Insurance Association, to make a claim.

The question now is do they pay and how about the other twenty one towns with poorly placed wind turbines who cleans up this mess ?

Massachusetts Interlocal Insurance Association (MIIA) was incorporated by the Massachusetts Municipal Association in 1982.

The MIIA, Massachusetts Interlocal Insurance Association warns on their website streamlined handling of all scenarios, identify one well-qualified person on the municipal staff to act as a funnel for reviewing and approving all municipal contracts. \

The town employee, preferably with legal and/or risk management experience, can take a close look at every document and proposed program to ensure that all details are considered – -----------and that rogue contracts aren’t being signed by various departments.

The MIIA also warns to be sure to contact your municipal insurance provider upfront to find out what is covered and what is not. In some circumstances, your provider may recommend securing additional coverage from a specialized insurer if needed. In the end, it is better to find out ahead of time that a program isn’t covered by your insurance plan, -------rather than being surprised after a problem arises.

The MIIA warns In the case of wind turbines, local residents have at times taken issue with associated noise.

The Town of Falmouth failed due diligence and research before making the wind turbine decision but was well aware of the risk.

Wednesday September 8th 2010 Heather Harper during a bus tour of the Falmouth wind turbine explained to the public that the Town of Falmouth was aware of a situation involving exposure to the danger installing commercial megawatt wind turbines.

Assistant Town Manager Heather Harper :

“We took on a huge risk and I think we were successful but we’re a large community and I think we can take on that risk.”

Town officials were aware of the huge risk because they had received a letter prior to August 3, 2010 from Vestas wind company that the turbines generate 110 decibels of noise.

The town failed to disclose the letter for five years.

August 3, 2010

Mr. Gerald Potamis

Waste Water Superintendent Town of Falmouth Public Works

59 Town Hall SquareFalmouth, MA 02540

RE: Falmouth WWTF Wind Energy Facility II "Wind II", Falmouth, MA

Contract No. #3297

"The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances.

"http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.WA9tdPorLIU

# The Town of Falmouth besides hiding this letter also hid studies, maps, memos and was well aware of the risk placing wind turbines far too close to residential homes