Barnstable Town Council wants an extra $45K to pay for offshore wind legal advice

The Barnstable Town Council is laying the groundwork for legal matters related to Avangrid's Park City Wind project and is also inviting public comment for a related hearing planned later this month.

At its Thursday meeting, which began with a nearly two-hour public comment period during which more than two dozen residents expressed both opposition to and support for the project, the council briefly introduced a $45,000 supplemental appropriation order for the Boston-based law firm Anderson & Kreiger.

Among the firm's specialties are environmental and land use law. Anderson & Kreiger is serving as outside counsel on Park City Wind LLC's offshore wind project in Barnstable.

Extra $45K, if approved, would augment town's legal staff

"From time to time the town uses outside legal advice to augment our in-house staff. This is one of those times," said Council President Felicia Penn in an email.

She said the town initially engaged the firm last fall. The extra money for the firm's services is proposed to come from the town's general fund reserves.

What's next for deciding on the $45K?

Without discussion, the council on Thursday voted to refer public consideration of the funding to a formal hearing on Feb. 15, set to start about 7 p.m. at town hall, 367 Main St., in the James H. Crocker Jr. hearing room on the second floor. Penn said this is "part of the municipal process."

Afterward, the council entered an executive session. The purpose, according to Penn, was "to discuss strategy with respect to litigation since a discussion in open session may have a detrimental effect on the litigating position of the town and town council."

Background details included on the council's agenda refer to the town's 2022 host community agreement with Park City Wind LLC, which is related to the company's plans to bring cables from its project south of Martha's Vineyard ashore at Craigville Beach. Last year, the company backed out of its power purchase agreement with Connecticut utilities and paid a penalty as a result.

The company "is now participating in new procurements, including one being undertaken by Massachusetts, under which the state expects to make a decision in August," according to the town.

Meanwhile, on Dec. 15, 2023, the state Energy Facilities Siting Board issued a final decision approving and permitting the Park City Wind project. Residents, though, have pressed for the town and the state to put further action on hold.

Residents line up to share their thoughts about off-shore wind

On Thursday, the town council heard from several residents about Avangrid's proposals to land cables for its Park City Wind and Commonwealth Wind projects in Barnstable.

While a few questioned the real need for renewable energy, many others said they support clean energy but not having that much power routed through residential and recreational areas. Still, others said they fully support the projects, emphasizing that time is of the essence to decrease the use of fossil fuels.

'Technology has been around now for 30 years'

Russell Norris pointed out that Vineyard Wind "has already begun generating clean electricity from the wind," and he questioned why the council was "holding an executive session to discuss litigation strategies for the Park City Wind project."

"If this were a new technology, something truly untried and risky, one might better understand this controversy, but the technology has been around now for over 30 years," he said.

But others challenged his evaluation, saying the technology in the Avangrid projects is newer and there should be more scientific investigation into its effects.

Risk associated with substations, some said

Cliff Carroll handed council members a three-page packet outlining concerns about plans for substations over the town's sole source aquifer and near its well protection zones, one of which spans 28 acres, he said. He and others worry about fluids used to cool and lubricate transformers leaking into the water supply.

Peter Hanson, a Centerville Osterville Marstons Mills Water Department commissioner, shares those concerns and urged the council to "stop the Park City Wind project" just based on the substations alone.

He also questioned the health effects of electromagnetic fields from the cables, wondering in particular whether anyone has assessed how they could affect people with pacemakers.

"Are we going to post signs on the beach that warn people with pacemakers?" he asked.

Bob Schulte again urged the council to continue holding off on signing over easements for landing cables on Craigville Beach, pointing out that Avangrid does not presently have a power purchase agreement and arguing it makes little sense to continue permitting for a project that is not guaranteed to win a new contract. He said the state isn't expected to make any decisions on new contracts at least until August.

'Allow this clean energy source'

Michelle Scarlett was among those who think renewable energy from the wind is an important part of reducing fossil fuel use and meeting the challenges of climate change, which she said "is an existential threat to Cape Cod."

"I hope the town council can replicate the successful partnership that exists with Vineyard Wind," she said, urging the council to move ahead with the Park City Wind project and "allow this clean energy source to be realized."

Councilors thanked the residents for their comments.

"I think it's important that we listen to both sides," said Councilor Kristin Terkelsen. "It's easy to forget that there is no definite answer and that we need to remain open."

Councilor Paul Neary added, "we can assure you that we're hearing what you're saying."

How to submit comments on extra legal funds request

The public is invited to submit written comments about the proposed supplemental legal funding by visiting: https://tobweb.town.barnstable.ma.us/boardscommittees/towncouncil/Town_Council/Agenda-Comment.asp

The Feb. 15 hearing may be viewed remotely. Details for participating via Zoom are included on the agenda, available on the town website at town.barnstable.ma.us/BoardsCommittees/TownCouncil/

Heather McCarron writes about climate change, environment, energy, science and the natural world, in addition to news and features in Barnstable and Brewster. Reach her at hmccarron@capecodonline.com, or follow her on X @HMcCarron_CCT

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This article originally appeared on Cape Cod Times: Park City Wind contract in Connecticut draws attention in Barnstable