Wind Turbine Deal Requires Falmouth To Give Up Home Rule

    Mass Clean Energy Center $1.8M for turbine troubles requires town to give up "Home Rule."

  One of the details (from the MassCEC board of directors agreement proposal) is requiring Falmouth to waive Home Rule Amendment protection involving the wind turbine project.  

 In other words, say the BoH gleans new research, or the ZBA finds for another private nuisance relative the town turbines... signing the agreement would nullify board authority and powers to protect it's own residents.  

  The utility rate payers of the state and the renewable energy trust were categorically termed highest priority in the proposal.  Falmouth's right to govern it's own course, by and through it's own governance, is being sold to big brother... Local residents lose their voice in town government...

    In Massachusetts, Home Rule authority was granted to cities and towns in 1966.  

With the adoption of Amendment Article 89 and M.G.L. Ch. 43B in 1966, Massachusetts created some separation from the Dillon Rule. In general, a city or town in the Commonwealth can exercise a power or function through the approval of its legislative body (town meeting, city council or town council) and its voters. They can exercise any power through the adoption of an ordinance, by-law or charter that the state legislature has the authority to delegate. In the strongest exercise of Home Rule rights, communities can enact charters (through a charter commission process), without state approval, in order to organize local government in a way that best meet the needs of their citizens.  

Falmouth Town Meeting Members could vote that all away April 7 , 2014