Falmouth Fall 2016 Town Meeting Vs Spring 2017 Town Meeting - One Million

FALL 2016 TOWN MEETING

November 15, 2016 Falmouth Town Meeting told town will prevail on all lawsuits.

Town Attorney Frank Duffy on local TV during Falmouth Town Meeting
See Article 18 request for $ 440,000.00 for litigation at 23 to 27 minute mark-- $ 260,000.00 for wind turbines.
The town will prevail on wind turbine lawsuits ...see video
Falmouth Local Community TV -- 23 to 27 minute mark - Courts holding up wind turbine litigation click link to watch video :
http://www.fctv.org/v3/vod/town-meeting-fall-2016-night-two-111516
Article 18 -- Nov 15, 2016 --$260,000.00 more for wind turbine litigation
( Two weeks later town lost one million in conservation law suit )

Note # ( judgement below $648.050.53 does not include town preparation and litigation costs )

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1272CV00687 Smyth, Janice vs. Falmouth Conservation Commission et al

01/23/2017 JUDGMENT entered on this date.: Judgment on Jury Verdict

After Jury Verdict

Presiding: Hon. Cornelius J Moriarty, II

Judgment For: Janice Smyth
Judgment Against: Falmouth Conservation Commission
Town of Falmouth
Terms of Judgment: Interest Begins: 11/27/2012 Jdgmnt Date: 01/23/2017
Damages: Damage Amt: 640000.00 Other Costs: 1335.40

Total Judgment: $648,050.53.

02/23/2017 Certificate of Compliance Superior Court Rule 9A

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SPRING TOWN MEETING 2017

March 2017

Falmouth Select Board Asks To Settle claims and lawsuits
Falmouth Massachusetts Annual Town Meeting April 3 2017
Warrant Booklet April 3, 2017

http://www.falmouthmass.us/deppage.php?number=281

ARTICLE 3: To see if the Town will vote to authorize the Selectmen to settle claims and suits which are pending or may arise against the Town. Or do or take any other action in the matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 3 as printed.

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Falmouth Town Meeting meets twice a year. Town Meeting has been approving up to $300,000.00 every six months for litigation. At the last November six month meeting Town Meeting approved $440,000.00 for litigation of which $260,000.00 was designated as wind turbine litigation.Much of the litigation costs are for multiple outside law firms specializing in various types of litigation

The Town of Falmouth also has an Office of Town Counsel which provides general legal services to the town and its boards, committees and departments. The department includes paralegal Kimberly Fish, associate council Patricia Harris and town council Frank Duffy.

Since 2013 the Town of Falmouth has been making agreements in court then reneging. The Select Board then went to the town insurance company. The town attorney assured Town Meeting Members in November they were going to win all the lawsuits and two weeks later lost one million in a conservation court case.

Now this coming April 3, 2017 at Town Meeting the Select Board wants to ask Town Meeting for the Select Board to settle all lawsuits against the town. The finance committee asks it be approved as written.

On November 7, 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 turbine operation . Barnstable Superior Court Judge Christopher J. Muse was the judge in the case.

This was called the beginning stages of a "global settlement."
One week later the Board of Selectmen voted to disregarde the court agreement made by Town Council and Rebecca Moffitt. The judge then shut down the turbines 12 hours a day and Sunday

You know the rest time for Town Meeting To Wake Up