Falmouth Select Board Asks Town Meeting Rubber Stamp Article 3 Litigation Article

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.

A . 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

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B. July 25, 2016 Board of Selectmen Chairman Douglas H. Jones announced the board had voted to authorize Town Manager Julian M. Suso, Town Council Frank A. Duffy Jr. and the town’s insurer, Massachusetts Interlocal Insurance Association, to participate in mediation with all parties in pending wind turbine litigation to resolve all outstanding suits and claims.

The Doug Jones Select Board announcement did not make it clear if the Massachusetts Clean Energy Center is involved in the wind turbine mediation.

The Falmouth Select Board has two attorneys on its board. It's almost a certainty that the Mass Clean Energy Center would partner in mediation and litigation with the MIIA, Massachusetts Interlocal Insurance Association.

Since July of 2016 there has been no announcements about mediation that includes the town's insurer MIIA or the Massachusetts Clean Energy Center. Only more money allocated for litigation at the November Town Meeting.

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C. November 15, 2016 Falmouth Town Meeting told town they 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 ?

Falmouth Local Community TV -- 23 to 27 minute mark - Courts holding up wind turbine litigation

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 )
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D. March 2017 Latest --- Falmouth Select Board Asks To Settle claims and lawsuits

Falmouth Massachusetts Annual Town Meeting April 3 2017

April 2017 Warrant Booklet

Annual Town Meeting Warrant 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.