Why isn't Falmouth Town Hall working for the People?

In attempting to balance the potential harm that would be imposed, Superior Court Judge Muse listened to evidence concerning likely financial harm to which the Town of Falmouth might be subject if a 24/7 shut-down temporary injunction action had been instituted.  Evidence presented indicated Falmouth’s wind turbine fiscal obligation in this fiasco is 3 pronged.

1) The Falmouth Wind Energy Project has an obligation to repay approximately $1 million for “seed money” lent by the Massachusetts Clean Energy Center for up-front capital funding to get the project off the ground (unforeseen expenditures, maintenance, insurance etc.) .

2) Falmouth’s WIND 2 has an obligation to repay funds for it’s purchase and construction derived from the American Recovery and Reinvestment Act is condition requirements were not met.  Additionally, the responsibility for the distribution of said funds was tasked to the Massachusetts Water Abatement Trust which further defined conditions associated with fund allocation, repayment and contractual requirements. 

3) Falmouth’s WIND 1 purchase and construction has an obligation to repay funds derived from general bonding from the town.

Repayment exemptions of 1) and 2) were addressed in court.  It was established that both contracts with Massachusetts Clean Energy Center and the Massachusetts Water Abatement Trust contained provisions that any repayments would not be subject to factors beyond the Town of Falmouth’s control (ie. Court decision).  Thereby, making the only immediate town fiscal obligation an installment payment to the general bond for WIND 1 mid-year 2014 for a sum just under $270,000.

Yet, Town Manager Suso, allied with Town Attorney Duffy, belied the argument that if turbines were to be shut-down even temporarily 24/7, knowing full well the evidence and contractual obligations presented the Court, that “our [town hall] only recourse would be to use other resources and reduce town basic services and employees.”  Chicken Little , to the Judge, 'the sky is falling'.

To provide clarity for the reader...  Mr. Suso also testified that the Town’s annual operating budget is $120 million, yet the sum of $270,000 (not due until July 2014 & the only financial obligation justifies consideration) is argued to cast Falmouth into financial peril (Mr. Duffy’s words were “ a significant financial constraint”), as compared to the relief potentially afforded residents from a 24/7 nuisance condition.  

I suggest that if this is Town Hall’s position on the turbine controversy, there is a serious disconnect between Town Hall priorities and those held by the general citizenry.

Which begs the question… Do Selectmen, Town Staff and Town Counsel represent the best interest of the PEOPLE (& the taxes collected from the PEOPLE)?  Are they doing their job in correctly interpreting contractual obligations?

One seriously has to wonder after this day in Superior Court!