January 29, 2013

Ruiz submits “confidential settlement document” to town counsel

By Bradford Randall | Jan 28th, 2013 | kingstonjournal.com

11 days after Kially Ruiz, the co-manager of Kingston Wind Independence (KWI), and his attorney’s promised a response to Joseph Casna’s question about remedial measures within a week, the response has arrived.

This afternoon, KingstonJournal.com received a copy of the Ruiz response, which was a letter addressed to Casna. The January 24th letter was authored by Alan M. Shoer, an attorney from Alder Pollock & Sheehan P.C., the legal firm representing Kingston Wind Independence LLC.

“In response to your request, we have worked extensively with the owners of KWI to offer you a number of suggestions for consideration and discussion,” the letter reads. “I have submitted these suggestions in a confidential settlement document to your attorney, Jay Talerman.”

The letter continues, “our confidential suggestions to Mr. Talerman were made within the context of the legal and contractual obligations placed on the owners of KWI, as well as the Town [of Kingston].”

KWI maintains a 400-foot tall wind turbine atop Kingston’s capped landfill, along Route 3. Since its erection last year, the turbine has been the focus of numerous complaints from Kingston residents, ranging from infrasound to flicker.

Critics say the KWI turbine should be shut down or moved to further removed location in town.

The Journal does not currently have access to KWI’s “confidential suggestions” to Talerman, however, the Board of Health [BOH] released a “follow-up” correspondence between Shoer and Talerman.

The letter is dated for today.

“The owners of KWI are committed to working with the Town [of Kingston] to engage in meaningful discussions concerning the on-going success of the fully licenced, permitted wind turbine project,” the first paragraph of Shoer’s letter reads.

“There is an on-going study being performed by the Mass CEC, concerning the measurements of acoustics in the region near the KWI turbine. We all look forward to the results of that study to inform the Town [of Kingston] and KWI in response to certain complaints from residents…once this Mass CEC study is completed we will have an opportunity to evaluate the results with you,” Shoer’s letter to Talerman reads.

A BOH meeting is not scheduled until next Monday, February 4th.

URL to article:  https://www.wind-watch.org/news/2013/01/29/ruiz-submits-confidential-settlement-document-to-town-counsel/