Falmouth Turbine II Loan "Trail Blazers" Bound By Federal Law

State -local official "Trail Blazers" all knew 110-decibel wind turbines were a danger to public health or safety related to the implementation or use of recovery funds.

Everyone involved in the installation of Falmouth Wind Turbine II knew prior to construction the turbine generates a chest pounding 110 decibels of noise. Everyone that is except for the Falmouth Town Meeting Members and Falmouth voters.

The American Recovery and Reinvestment Act of 2009 (ARRA) federal funds meant to buy American and put American to work cannot be used to create a danger to public health or safety related to the implementation or use of recovery funds.

In June of 2009 at an irregular Falmouth Special Town Meeting, a "Five" (5 ) million dollar loan was voted for in three articles presented and passed. What members were not told was under Federal Law and the PRA and Loan Agreement, the Town must maintain Wind II as an "energy efficient" project, as described in EPA guidelines dated March 2, 2009, in order to benefit from the financial subsidy provided by the Trust under ARRA and the Trust's Clean Water State Revolving Fund program. Under federal regulations governing the Trust's ARRA grant at 40 CRF Part 31.30(d)(l), if the Town chooses to change the scope or objectives for Wind II in any significant manner, the Town will have to request the Trust's prior written approval.

Falmouth Letter : "trailblazing partnership with the State in support of wind energy"

TOWN OF FALMOUTH
Office of the Town Manager & Selectmen
59 Town Hall Square, Falmouth, Massachusetts 02540

Telephone (508) 495-7320
Fax (508) 457-2573

May 17, 2018

Ms. Susan Perez, Executive Director Massachusetts Clean Water Trust
3 Center Plaza, Suite 430
Boston, MA 02108

Subject: ARRA Financing Agreement - Falmouth Wind 2 Turbine

Dear Ms. Perez,

As you are familiar, Falmouth Wind 2, located on Falmouth's 300+ acre Wastewater Treatment Facility Campus has not operated since June, 2017 when a Judge of the Barnstable Superior Court "ordered that the Town of Falmouth cease and desist the operation of the wind turbines forthwith." After consulting with Town Counsel, outside litigation counsel and appellate counsel, the Board of Selectmen elected to not appeal the judgment. The Town's insurance company thereafter settled with ten of eleven claimants with which the Town had spent more than $750,000 in outside counsel fees over the past eight years.

The judgment of the Court that the operation of Wind 2 constitutes a nuisance under the Falmouth zoning bylaw eliminates future operation of Wind 2 at its present location. The Town has been advised by the manufacturer (Vestas! that there is currently no solution to abate the nuisance. Relocating Wind 2 to another location with estimated moving costs of well over $1 Million seems to be Falmouth's only option.

Even if a suitable alternative location is identified in the Town of Falmouth, relocation is not a matter of right. Turbines the size of Wind 2 were prohibited by Town Meeting in 2013, and the relocation would be subject to a special permit from the Planning Board, entailing public hearings over many months, and if appealed, potentially several years. Most importantly, based upon recent history and public perception, there will be a continued high risk of litigation if Wind 2 is relocated anywhere in Falmouth. Meanwhile, Wind 2 continues to age, potentially jeopardizing its mechanical integrity. Accordingly, the Town must prepare for an alternative disposition.

Transfer of Wind 2 to another location in the Commonwealth outside of Falmouth in a manner that the Town can resume its operation as an energy efficient project is a desirable outcome which, if accomplished, will provide some means for Falmouth to mitigate the unfortunate consequence of its trailblazing partnership with the State in support of wind energy. The Town believes that its obligations to the Clean Water Trust under the terms and conditions of the Loan Agreement and Project Regulatory Agreements of January 22, 2010 would be fulfilled by a relocation of Wind 2 and that this option will satisfy concerns of the lender and not jeopardize the loan forgiveness provisions* of the Loan Agreement. We seek your concurrence.

Thank you for your consideration of this inquiry.

Sincerely, Julian M. Suso Falmouth Town Manager

CC

Falmouth Board of Selectmen, Town Counsel Frank Duffy, Finance Director Jennifer Petit, State Senator Vinny de Macedo, State Representative David Vieira, State Representative Dylan Fernandes

* The Town has satisfied our understanding of all obligations under the Project Regulatory Agreement, with the Town's consultant (Weston & Sampson) having filed the necessary paperwork back in 2013 with the DEP; however, we continue to seek the requested confirmation of this same filing from the DEP.

Falmouth, Massachusetts Wind Turbine Special Town Meeting June, 2009

40 Minutes Into Video - Town Officials "Forget" To Tell Members ARRA Money Is A Loan