BP's Tatics in Cape Vincent Ny

Saturday, December 31, 2011

Bill Owens: "I would like to see a credit for wind extended for another year"

During a town hall meeting in Watertown, N.Y. June 2010, Rep. Bill Owens, D-Plattsburgh, answered questions about wind power development and federal subsidies.
Bert Bowers Chairperson of the Coalition to Preserve the Golden Crescent spoke to Rep. Owens about the problems that we are experiencing with the proposed wind developments in our area. Mr. Bower spoke of the rampant corruption, the underhanded methods that these companies use, signing landowners up to long term lease agreements behind closed doors. He explained that our areas are financially dependent upon the seasonals tourism dollars. Moreover, our area just wasn’t the proper place for this type of large-scale industrial development.
Mr. Bowers also touched on the massive subsidies needed to sustain the wind industry.

Additionally, Mr. Bowers pointed out that our own government does not provide any substantive information about industrial wind development, they merely regurgitate propaganda that the wind industry pushes.

Rep. Owens began with, "In terms of wind turbine, siting it is largely a local issue."
And he also stated
"I think we need to look at all possibilities, as options to reduce dependence on foreign oil."

Mr. Bower, "If I may", "Dependence on foreign oil has very little to do with electrical energy production, because we don't use oil more than 1% of our electricity nationally."

Rep.Owens then said, "There's a lot of information out there. There's no doubt about it.
Sorting through all that information. "
" What troubled me most about what you said actually was the fact that when you speak to the government agencies. They are not giving you both sides of the coin. "

Rep. Owens ended with,"On the issues of the subsidies. Certainly, if that comes up. And I look at this information more. I'll certainly consider your position on that."

DECEMBER 12, 2011
Watertown Times ~
Owens gives his opinion about subsidies

Rep. Owens: “I would like to see a credit for wind extended for another year, then considered as part of an entire package of tax code reform.”

Link here to read WDT story

Link here to watch video

Thursday, December 29, 2011

Wolfe Island Turbines

are noisy

Those Wolfe Island giants aren't so quiet

From The Whig Standard Archives

By: Gail Kenney

I suggest that local media provide equal opportunity for Wolfe Island community members who are not employees or landowners under contract with the Canadian Renewable Energy Corporation when these media discuss the potential impacts of the Wolfe Island wind farm on residents.

If it is unwilling to engage residents not in the employ of the company, the K-Rock radio station should consider correcting some of the misconceptions that may have arisen from the station's recent interview with the site manager of the wind farm, Mike Jablonicky.

Jablonicky referred in the interview to the turbines as "silent giants." In fact, the turbines generate 40 A-weighted decibels (with allowance for 53 A-weighted decibels in certain wind conditions, according to the Ministry of Environment's regulations governing noise from wind developments). This does not constitute silence.

The Ontario Government, in the Green Energy Act, has admitted there is a need for greater setbacks for wind turbines due to noise. It has proposed a minimum 550-metre setback from residences, with greater setbacks -- up to 1,000 metres -- for projects of more than eight turbines. Wolfe Island's setbacks are 400 metres and there are 86 turbines.

Local MPP John Gerretsen stated in an interview with the CBC that the new setbacks are needed "to best protect the health and safety of Ontarians," and that where turbines are shown to cause negative health effects, "the towers will be moved." Ministry of Environment officials who attended the public forum on the Green Energy Act held on June 25 in Toronto proposed that 5% of Wolfe Island residents in close proximity to the turbines could experience such negative health effects as dizziness, tinnitus, headaches and sleep disorders due to noise and vibration.

There are many islanders who are now quietly coming to terms with the reality that their own provincial government has declared that their health and safety may be at risk from these structures.

Gail Kenney
Wolfe Island Residents for the Environment

Saturday, December 24, 2011


A Windy Year in Review

January 13, 2011 : The Town Board meeting marked the beginning of a tumultuous year for Cape Vincent and wind development. Acciona, Voters for Wind and Town Board Members, Marty Mason, Donny Mason & Mickey Orvis formed an alliance , calling for an investigation in retaliation for Urban Hirschey’s release of FOILED documents that exposed Acciona’s sound study as fraudulent. Additionally, EX Supervisor Reinbeck called for Hirschey’s immediate dismissal. Their plan backfired, bringing attention to the content of Acciona’s fraudulent sound study. The Attorney General dismissed their request to investigate.

February 9: Even though the Planning Board meeting was canceled, BP’s SDEIS was submitted to the planning board behind closed doors somewhere around Feb. 10, 2011. By chance, a citizen discovered the existence of the documents in the Lyme Library, however the board had not formally accepted it. BP’s former senior project manager, Jim Madden, said in a newspaper interview that he expected the SDEIS to be accepted by the end of March.

February 10: At the Town Board meeting Supervisor Hirschey proposed that a community wide Zogby survey be conducted to gain a better understanding of what direction to lead the community. Additionally, Supervisor Hirschey Called for a resolution for a property Valuation Assurance Policy as a condition for the Town Planning Board's approval of Cape Vincent’s wind turbine site plan applications. Marty Mason said, "I'd like to table it for a moment.” In addition, Donny Mason said, "I agree with Marty." In anticipation of the ZOGBY poll’s results Voters for wind conducted their own scientific telephone poll, the results of which were never made public.

March 16: Michael G. Sterthous, from Whiteman Osterman and Hanna,(WOH) sent a letter to BP advising them that the Cape Vincent’s Planning Board review of their project is “ongoing” and that comments on the status of the completeness of the SDEIS will be delivered to BP Wind Energy‘s technical consultants over the coming months and ultimately lead to iteration of the document.

March 22: Jim Madden, BP’s project developer, left Bp for an opportunity with a smaller company . Madden had been with the Cape Vincent wind project from its inception under Greenlight Energy. At the same time, Todd Mathis departed from Whiteman Osterman & Hanna this left questions concerning the nonexistent documentation regarding expenditures from the Developers escrow accounts (Over 100,000 was billed by the lawyers and engineering company on the SEQRA process.) Supervisor Hirschey is still waiting for WOH to fulfill their promise of sending the accounting records or the minutes that Todd Mathis kept.

March 23: The PB meeting was cancelled. Planning Board members were to consider the supplemental draft environmental impact statement for British Petroleum's Cape Vincent industrial wind complex at this meeting.

May 30: The results of the Zogby poll were published. The poll revealed that Sixty three percent of those surveyed were seasonal, the feelings of those who opposed wind development were becoming stronger and dissatisfaction with the board’s actions concerning wind development was high. Additionally, fifty-nine percent of those surveyed wanted a moratorium on wind development.

June 3: Urban Hirschey, John Byrne and Clif Schneider committed to run as Republicans for positions as Supervisor and Councilmen on Cape Vincent's Town Board. The three candidates released a final unified position statement outlining issues and actions they collectively would undertake if they were successful in the upcoming election one of which was a moratorium on wind development.

June 8: At the Planning Board meeting BP’s new project manager, Peter Gross, was introduced to the community. This was the first meeting that Voters for Wind (VFW) attended without wearing their green shirts. It was at this meeting that Mr. Gross mentioned that BP might be using larger 3-megawatt turbines, thus requiring a smaller number of turbines in the array plan.

June 11: Marked the beginning of the voter registration drive.

June 27: The results of the McCann Appraisal were in and it indicated those homes within 2miles of wind turbines would suffer a 40 % decrease in value.

June 29: Voter for Wind and leaseholder Harvey White announced that he would be challenging Supervisor Hirschey in the republican primary.

June 30: Planning Board Chairman Richard Edsall abruptly resigned without explanation. Additionally, he did not leave behind any records of the planning boards activities.

July:5 McCarthy resigned as well without explanation.

July 6: Reinbeck followed suit telling the media he was leaving due to harassment and threats over the wind power controversy. These resignations left the planning board without a quorum.

July 6: In light of all the negativity, surrounding their project Acciona issued a press release which was a public relations move to introduce a newly prepared brochure extolling the virtues of their proposed wind development, Additionally,
the Watertown Times did a story giving Acciona’s Wind project a positive spin.

August 2: British Petroleum’s project manager Peter Gross sent a letter to planning Board member Richard MacSherry explaining that they were anxiously awaiting the anticipated comments from the Planning Board on their Cape Wind SDEIS. Additionally, Gross stated that BP would like to advance their project in a timely, efficient manner. Mr. Gross also requested that the Planning Board schedule a review of the SDEIS by the Planning Board and asked for a schedule.

August 4: Article X is signed into law making siting of large power plants a state-run process.

August 8: Planning Board member Richard MacSherry sent a letter to Mr. Peter Gross, Project manager Bp Wind Energy, telling Mr. Gross “I have no knowledge of any dialogue that Mr. Edsall could have possibly had with Whiteman Osterman and Hanna, which would have led
them to indicate that any review was active and that comments regarding the SDEIS would be forthcoming under any period.” Additionally, Mr. MacSherry stated that, “The primary obstacles which I (as the board's acting chair ) face are: 1.) the time it will take for the Town Board to fill Planning Board vacancies, 2.) a reasonable period for all members to become familiar with BP draft and supplemental EIS documents
and 3.) an opportunity for the Planning Board to meet with our consultants to share and compare our findings. I have spoken with the Town Supervisor, Mr. Hirschey, and he is aware of the situation. At this juncture, I cannot speculate as to when all of the above-mentioned matters will be concluded: I will commit only to keeping you informed as to our progress.”

August 5:Voters for Wind devised a plan to prevent the seasonal population from voting. They would become champions against Voter Fraud. Their scheme began with a petition asking the Town Board to take action to stop the illegal, unethical and immoral voting methods that
were being used to manipulate the outcome of the election.

August 12: Harold Wiley presented a 200-signature petition to the Board Donny Mason who was prepared in advance with a resolution to stop voter fraud by requiring voters to show a current New York state driver's license with a Cape Vincent address to prove residency. Donny Mason, Marty Mason and Mickey Orvis all voted in favor and the resolution carried.

August 16: at a press conference in Watertown, the Attorney General dismissed the Mason law as unconstitutional.

August 18: Supervisor Hirschey took action to repeal the Mason’s illegal law. Donny and Marty Mason voted against rescinding their unconstitutional law while Mickey Orvis voted in favor of repealing the voter fraud law citing concern for the community. The resolution to rescind passed. Additionally, Orvis had prepared his own resolution proposing that the Town Board actively solicit the State to take over the development process under the statutes of Article 10. Orvis discovered prior to the board meeting that this was something that is not within the scope of the Town Board’s authority, however he read his resolution any way. Moreover, he said it would resolve the conflicts before the election.

AUGUST 25: Attorney General Eric T. Schneiderman announced the indictment and arrest of Jeri Mason, the former Town Clerk, who was charged with stealing up to $50,000 from the Town of Cape Vincent.

Sept 1: As the Republican primary drew near ,BP arranged to have a group of pseudo scientists, (New York Wind Education Collaborative, a conglomeration of the Alliance for Clean Energy New York, Albany; Citizens Campaign for the Environment and Climate Center at Pace Law School,
Westchester.) Carol Murphy & Marion Trieste were center stage touting the virtues of wind development for our community.

Sept 13: MetalCraft Marine announced that they were opening a new design and manufacturing facility in Cape Vincent.

Sept 13: Supervisor Hirschey won the republican primary, 277 votes to 99 for challenger, wind leaseholder Harvey White.

Sept 19: Harold Wiley chair of the Cape Vincent Democrat party in Cape Vincent
was too preoccupied circulating petitions and assisting the Mason’s with their illegal Jim Crow resolution that he dropped the ball and failed to meet the filing date requirements for the Democrat Caucus. Consequently, there was no Democrat line on the Ballot.

October 13: Harold C. Wiley, Chairman Cape Vincent Democratic Party, teamed up with Gary King ,Chairman of a new group (Citizens for Fair Government). Their next tactic appeared to be intimidation or exacting retribution against those people that had either registered to vote in Cape Vincent or changed their primary residence in order to vote in Cape Vincent. Harold Wiley and Gary King collected a hit list of names of each new voter in Cape Vincent and sent letters to the assessors of those communities where these residents own another home. Alerting the
assessor that these people have registered to vote, the letter stated, “We provide you with this information in the event that there are implications for your community's implementation of the STAR program.”

October 17: The Citizens for Fair Government conducted another letter, writing campaign. They wrote letters to all the newly registered, unethical and immoral, voters in Cape Vincent asking them to consider voting for the very men that wanted to take their voting rights away.

October 19: Gusty winds prevailed and suddenly the safety of personal wind turbines became an issue when Rodger Alexander’s personal turbine was visibly broken and was spinning wildly out of control. Eventually it ceased spinning and it was reported that it was
a test.
November 8: The elections arrive and Hirschey, Byrne, Schneider & Knuth win their respective positions.

November 29: Former Cape Vincent Town Clerk, Jerry Mason, admitted in court that she took nearly $15,000 from the town while working there. Sentencing was scheduled for January 20, where she is expected to pay full restitution and will be sentenced to five years’ probation. If she fails to pay restitution, she will be ordered to serve six months in jail in addition to the five-year probation.

December 8: Marked the last Town Board meeting for Town Board members Donny and Marty Mason.

December 21: Attorney General Eric T. Schneiderman requested that the state’s 932 towns send his office their codes of ethics, a major point of contention in towns including Cape Vincent.

December 24: The Watertown Times began a series of stories devoid of in-depth reporting and factual content, fanning the flames of controversy over Cape Vincent’s election process and ethics problems.


Thursday, December 22, 2011

Ethics? Stick to the Facts!

Update : 11:38, 2011
There are a couple of excerpts from a Watertown time’s article, concerning Cape Vincent and ethics, which may need clarification.
I have provided FOILED documentation, that may clarify a few of the issues mentioned in this article.
link~ below to read the WDT story~
(State AG Requests Town Ethics Codes)

Excerpts: From WDT story

In Cape Vincent, those who don’t want wind-power development in town have accused certain Town Council members of being conflicted pawns of the alternative energy industry with whom they hold leases.
Those who support wind power, on the other hand, complained when the anti-wind-power town supervisor, Urban C. Hirschey, leaked confidential documents to an anti-wind-power group.While both matters were referred to the attorney general’s office — during the tenure of Andrew M. Cuomo, who is now governor — neither seemed to have a state-mandated resolution in the offing.
That’s because such matters are resolved more easily at the local level — as long as the town has a well-defined and enforceable ethics code.


No, there does not seem to be a state mandated resolution in the offing.
However, the complaints about conflicted officials had enough merit for the AG to launch an investigation into the matter, August 13, 2010.

Additionally, there has been no formal announcement of a conclusion to their investigation.

I have posted a letter from the AG at the end of this post, announcing this investigation and requesting documents and records for their investigation.

On the other hand, the Accusations, made by Acciona and their lease holders, (including Board members, Mason & Mason, January 13, 2011 ~ (after Cuomo was elected Governor) , against Supervisor Urban Hirschey ,were put to rest by the AG’s office, under the reign of Eric Schneiderman .

Below is a letter from Town Attorney Mark Gebo to Supervisor Urban Hirschey concerning this matter .

Update: there were a few technical issues with the link below; it has been revised to show the complete HX. of the FOILED engineering documents.

( new link)
Link here ~ google docs ~ to read original FOIL request for the documents in question

Link here to
Watertown Times article~ State won't pursue officialBelow is the letter RE: AG investigation into Supervisor Hirschey's Misconduct

Below is the letter from Attorney Generals office announcing their investigation

Tuesday, December 13, 2011

~ Paving Paradise ~ NNY Follies ~ Wolfe Island~

The following piece, written by Perry White (“Kents boss”) was posted on his blog, “NNY Follies,” March 23, 2007, bringing us back to a time before Wolfe Island became an industrialized power plant . Mr. White, is the Watertown Times

23 March 2007

Next week, Canadian Hydro will sponsor two public hearings to discuss a plan to construct 86 windmills on Wolfe Island. The 200-megawatt project will feed Ontario’s electric grid, from towers located across the west end of Wolfe Island.

For the geographically challenged or those who don’t have much opportunity to visit the Cape Vincent area, Wolfe Island is across a narrow channel of the St. Lawrence River from Cape Vincent; the ferry runs from the southeast corner of the island to the Cape. The island is clearly visible from Cape Vincent to Tibbets Point, and most of the towers will be clearly visible as well.

I mention this because, with the wind farm or farms proposed for Cape Vincent and Clayton, if the Canadian Hydro project goes through, the St.Lawrence River valley and eastern Lake Ontario will almost overnight become the site of as many as 350 windmills.

There are fewer than 200 towers in the Maple Ridge project on Tug Hill, and that project dominates the horizon from Turin to past Copenhagen. Along the river, wind farms could dominate the horizon from Fishers Landing to, well, to well out into Lake Ontario.

I have a great deal of ambivalence about the prospects of turning the lake and river area into a giant wind farm. I do believe that green power is important — the renewable, natural nature of wind-generated power has to be superior to burning coal or natural gas or splitting atoms. And yet…the number of windmills it takes to produce enough power to make a wind farm economically viable means that no working wind farm can ever be inobtrusive. Despite what some of my Cape Vincent critics blindly maintain, the aesthetic enjoyment of an area with such breathtaking natural beauty as the Thousand Islands region has significant value and it should be protected.

It seems to me that the dual “economic development” goals of some people along the river are mutually exclusive; you cannot on the one hand push a massive wind farm as a major economic asset and also continue to pursue with abandon tourism dollars. Some — perhaps many — people will be put off by the sight of the towers relentlessly marching along the river to the extent that they will not find the natural beauty they came to enjoy. And they won’t come back. (And believe me, when the initial awe of wind towers wears off, they aren’t going to draw any tourists here.)

Sometimes, man acts with foresight and wisdom. Mostly, though, my experience is that foresight is in extremely short supply. As Joni Mitchell pointed out, “Don’t it always seem to go that you don’t know what you’ve got til it’s gone?” It seems that folks along the river are hell bent on paving paradise and putting in a tower lot. They don’t seem willing to consider that once paradise is gone, it just never comes back.

posted by Kentsboss


23 March 2007

Rethinking Wind Tower Safety

December 28, 2009
Perry White, Watertown Daily Times City Editor

Another wind tower has collapsed, this one in the Madison County Wind Farm in the town of Fenner. The nine-year-old tower collapsed Saturday night, apparently when power was lost to the tower. This is the second such collapse in upstate New York this year; in March, a tower collapsed in Altona, Franklin County, when it, too, lost power. Clearly, this issue is one that needs further study and one that should be giving pause to towns in the north country that are rushing to get permissive laws on the books for commercial wind farm development.

These two collapses are far from the only ones, however. In Denmark in 2008, a tower collapsed when the braking system failed and the blades spun out of control, eventually shattering the nacelle and sending debris well beyond the collapse range of one and a half times the tower height. In Oldenburg, Germany, a tower collapsed in November 2006 when a rotor shattered, bringing the entire tower down; large chunks of blade debris landed more than 200 meters – 660 feet – from the tower.

Link here to the Watertown Daily Times to

Sunday, December 11, 2011


Hood-winked at the Article X Banquet

The definition of hood-winked is: “To take in by deceptive means; to deceive.”
Come along with me and imagine that four of us from Cape Vincent were invited to attend a banquet at the Roxy Hotel. We are told that some Big-Shots from Albany are interested in what we have to say about our community. Exciting, huh? Can't wait, huh?
We arrive the night of the banquet and head for the door when two big ushers tell us only two can enter and sit at the table. We begin to decide who among us will enter when the usher interrupts and tells us he decides, not the four of us. Hmm? We are beginning to wonder about this banquet.
The Roxy is humming with noise. Lots of people, mostly men, running around in suits and ties, typical Albany political types. We see a banner on the wall ARTICLE X SITING BANQUET.

We begin to get the drift of why we are here. Some smiley, ex-high school valedictorian leads us to the banquet table that seats seven. We are introduced to the other five sitting at the table – Mr. NYSERDA, Mr. PSC, Mr. DEC, Mr. DOH and Mr. DED. They all smile, shake our hands, tell us we are welcome, and thank us for coming. “Glad to have you share our banquet,” said Mr. PSC at the head of the table.
Then the food begins to arrive. Waiters fill the table with a wide assortment of great food. The five Big-Shots ask us what we'd like for dinner. We respond, “The turkey looks delicious and the prime rib is my favorite.” More smiles. “How about some fixings,” Mr. NYSERDA asks. “Thank you,” we respond and we are beginning to think this is really nice. They are all so friendly and solicitous – they really seem to be interested in us.
After all the food has been served, the Big-Shots pick up the knives and forks, still smiling, and begin to eat. As we move to do the same, the Big-Shots stop eating, stop smiling and tell us to stop. “You two can't eat,” they shout! “You are ad hoc invitees to the banquet, you don't get to eat,” they continued. We dropped our forks and they began to eat, began to smile and even asked us what we thought of the food. Can you imagine their nerve?
How would you feel if you were invited to the table, asked what you would like to eat, but then were denied the opportunity to eat? This is exactly what is written into Governor Cuomo's Article X “Power NY Act 2011.” The law takes away home rule in siting power projects, but allows two, token locals to sit at the table with the Big-Shots as ad hoc member. Ad hoc means no voting rights. They take away our home-rule rights and throw us a few crumbs, but then tell us we can't eat the crumbs.

If you are madder than hell at the nerve of Albany then cut and paste this piece in an email to your local representatives and tell them that the Little-Shots from the North Country want to eat too! The legislature needs to revise the law so that local representatives on the Article X siting board get to vote along with the Big-Shots. With the current law the deck is stacked in favor of Albany 5 to 0. We aren't even asking for fair representation, just some representation. We'd settle with 5 to 2 odds in favor of Albany? Let us vote.

Lone Ranger

Senator Patti Richie - ritchie@nysenate.gov

Assemblywoman Addie Russell - russella@assembly.state.ny.us

Saturday, December 10, 2011

Law gives bureaucrats too much power

On June 22, at the request of Gov. Andrew Cuomo, the state Legislature stripped local communities of their historic home-rule rights.

In a secretive 24-hour blitz Article X was passed, now called Power New York Act. It applies to nuclear, gas, wind, coal and any other type of electrical generating plant of 25 megawatts or more. It was signed into law Aug. 4.

Siting generating plants and their transmission lines will now be done by a board of seven people, including five unelected bureaucrats from Albany.

They are the chairs of the Public Service Commission, the New York State Energy Research and Development Agency and economic development and the heads of the Department of Environmental Conservation and the Department of Health. These chairs may designate a person to represent themselves.

Two ad-hoc members are from the local community targeted by the developer. They have no vote and are not necessary for a quorum. They are selected by the state Senate and Assembly leaders from a list of names provided by the local officials. They are not allowed to be elected people.

According to the language of the Power New York Act, the chair of the board (who is also the chair of the PSC) makes the decisions “in consultation with the other chairs but exclusive of the ad-hoc members.”

The intervenor fund of money will also be controlled by the board. The board may ignore any and all local ordinances and laws.

The purpose of Article X is to guarantee developers that their project will be through the entire permitting process within one year.

Gov. Cuomo says Article X will give communities more say in the process of siting power plants. Doublespeak that rivals the ex-attorney general’s of ethics.

Sen. Patty Ritchie and Assembly members Addie Russell, Will Barclay and Ken Blankenbush all took a stand against Albany and stood for the counties and towns by voting against Article X.

Jefferson County swiftly and unanimously passed a resolution opposing Article X. Other counties and towns have also passed resolutions. I would like to thank them for understanding and supporting home rule.

If the only way to build new power plants requires stripping people and communities of their established rights, maybe it is time to rewrite our energy policies and this time leave the corporate lobbyists outside.

Martha Chase

Cape Vincent

Are the Tables Turning on Turbines?

A large number of bats are dying at wind turbines in the United States. The number of bat deaths is higher than any fatality rates seen in this species in the past. There is something strange happening with bats and wind turbines. It is not known why bats are so susceptible and why they are being killed in these surprising numbers.
There is a story in the Wall Street Journal today that reports that the tables may be turning Bats may now be a threat to wind turbines.

In anticipation of New federal rules that take effect in January some wind developers are changing their plans , although the new guidelines are voluntary those who don't follow them are more likely to face fines or penalties if their turbines kill an animal protected by federal law. These new guidelines could potentially effect where all wind projects are built .

Acciona’s St. Lawrence Wind project has the potential to significantly impact the future survival of the Indiana bat and all bat species existing in Cape Vincent as well. Wolfe Island Canada located just 3/4 of a mile from the shores of Cape Vincent is home to an 86 turbine project that reported estimates of 1720 bats deaths per year , a significant number . Cape Vincent can expect the same numbers because of similar habitat and shared species with Wolfe Island.

Acciona’s wind development will cause fragmentation of habitat and destroy foraging ground; this will have a devastating effect on Cape Vincent’s dwindling bat population.
Below is a partial map of the area that is proposed for utility scale wind turbines and the necessary transmission lines to facilitate the project.
Notice the project is in the heart of the Indiana Bat areas. Notice too that land owned by Agricultural Commissioner Darrel Aubertine is slated for transmission lines in or perilously close to the Indiana Bat habitat areas...

slated for development~


To read the article ~ Wildlife Slows Wind Power ~ from the Wall Street Journal link here

Thursday, December 8, 2011

Cape Vincent Public Hearing & Town Board Meeting

Update 10:08 PM 12/08/11

5:45 Open Public hearing on increasing Town Assessor Board of Appeals members.

This hearing opened with the pledge of allegiance.
A discussion ensued and it was decided that two additional people would be needed for the property reevaluation.
Supervisor Hirschey then asked Town Attorney Mark Gebo if they could reduce the number back down to three in the future without a new law. Mr. Gebo said no that it would have to be modified. Additionally, assessor Robert Barnard spoke up explaining that the added people would be needed after the reevaluation for the grievance process to make it better for the homeowner.
The additional people will be chosen through an application process and as part of the requirements; it will be necessary for them to attend an educational training session at JCC.

6:00 PM Cape Vincent Town Board Meeting December 2011

Tonight’s meeting began with the privilege of the floor.

First, Bob Brown spoke about the Cape Vincent community food pantry. Through their efforts, community use of the pantry has increased 35%.
Mr. Brown also stated that the pantry was adding an additional day to their schedule the second Wednesday of the month from 10:00 AM to 11:00 AM At the end of this post I have added an information sheet with the hours of the food pantry.

The next speaker was Paul Mason, Mr. Mason thanked Donny and Marty Mason for their years of service to our community and commended them for the great job they have done over the years citing some of their accomplishments. Additionally, he said that they had been abused called names and that their families were ridiculed. Adding that the pro wind people would not do this to the new board.

The meeting continued with the normal agenda .

Minutes from the previous Town Board meeting were accepted.
Next the budget was discussed .

The planning board did not meet Dec. 7 subsequently there was no report
Water and recreation was business as usual with Dave Croft stating that it was a good year.
Highway Danny Hubbard reported that they will be continuing with County Route 6 next year and that he has been in contact with Jimmy Lawrence about starting County Route 7 if they are able to get it in the budget. He also spoke about the hearing tests required by OSHA. Additionally, he mentioned an increase in the cost of medical insurance asking the town to consider paying half the cost of the premium.
Supervisor’s comments
Supervisor Hirschey said I want to thank Donny and Marty
“They are a good bunch to learn from”
Mr. Hirschey continued, noting their service to the community over the last fifteen years and that between them was an incredible amount of knowledge. “We could have gone astray if it was not for their guidance”.
Mr. Hirschey went over a few of the things accomplished by the board over the last year. He mentioned the new clinic, the remodel of the town offices and the increased teamwork between the Village, Town and the LDC. The implementation of an open government policy and the Town website And the addition of a new industry in Cape Vincent, Metal craft Marine. Mr. Hirschey added that Metal craft would need 15 to 20 additional employees between January and February. (Metal Craft was just awarded a 400,000 Empire State Development grant for their expansion.) Supervisor Hirschey finished his comments by discussing a new video created to Promote Cape Vincent in order to bring new families into the community (link to video here)
Next Brooks Bragdon spoke up reiterating what Supervisor Hirschey said about Marty and Donny Mason’s service to our community adding that even when they disagree that he has the utmost respect and affection for them.
Next came the ResolutionsAll Resolutions passed
# 53 Increase Assessor Boards of Appeals from three to five members
# 54 & % 55 Transfer from General Fund to capital
# 56 Transfer from HWY Fund to Capital
# 57 Approval of year end Budget Transfers
# 58 Reappoint Zoning Position (Joseph Martin)

I did forget to mention that at the end of the meeting Donny Mason thanked all the people that have supported him over the last twenty years and mentioned all that they had accomplished .After which many in the audience clapped
~~~~~~~~~~~~~~Approval of the Vouchers .

The Video that Supervisor Hirschey spoke about was played after the meeting .
link to Cape Vincent promotional Video here)

The Town Board Meeting was videotaped by Steve Weed Productions and can be watched in its entirety when available

Monday, December 5, 2011


At the Feb 10, 2011, Town Board meeting Supervisor Urban Hirschey introduced a letter that he had received a letter from Clifford P. Schneider in RE: a property assurance plan .

Mr. Schneider's letter ~

February 4, 2011
Mr. Urban Hirschey, Supervisor, Mr. Brooks Bragdon, Deputy Supervisor
Mr. Marty Mason, Mr. Donald Mason and Mr. Mickey Orvis
Town of Cape Vincent Town Board
Box 1964, NYS Rte 12E
Cape Vincent, NY 13618

Dear Town Board members:
At the October meeting the Cape Vincent Planning Board adopted site plan requirements
suggested by Acciona. Included in Acciona's list of “other” requirements were:

1. Road Agreements to protect town's roads and bridges ,

2. Potable Well protection plan,

3. Property Posting and Gating for public safety,

4. Assessment of Karst geography,

5. Turbine decommissioning/removal plan (still hasn't been done),

6. Traffic/Dust Control Plan,

7. Controlled Blast Plan

8. Waterline Contingency Plan (DANC agreement in case damage line)

9. Complaint Resolution Plan.

The list of plans cover a broad spectrum of issues that are important to our community; most ofthe issues have a financial burden to them as well. The agreements and plans all contain a provision for payment to town if resources and infrastructure are damaged by Acciona. What is remarkable about this list, however, is what is missing. The issue that could have the greatest financial impact on residents, far greater than any of the issues noted above, is the potential for property devaluation as a result of commercial wind development. As you are aware, Acciona and BP both claim properties will not be devalued. Others disagree.

Cape Vincent's Town Assessor, ex-Planning Board Chairman, and other ex-planning board members studied the issue and concluded as part of their economic committee report: “Indications are that there will be an overall decrease in property values with the potential for significant impacts on assessments and related factors such as tax rates and the ability to market property at a fair price.
This is in contradiction to St. Lawrence Wind Farm's statement (SDEIS/FIS) and should be carefully considered by the Planning Board prior to action on the FEIS."
Regardless of where you lean on this issue, we should all agree that there is uncertainty and no one knows for sure how St. Lawrence Wind Project will affect our property values. For many of us our homes represent our biggest financial investment. If we were informed by the Citizens Bank that they were going to change their savings program so there would be no FDIC insurance and that there may also be a possibility for a 30-40% loss, how would you react? To complete this example, suppose you asked what would be my reward for accepting this risk and they replied, none to you, but others would have a steady income stream. The response of any reasonable person would be outrage, and you would undoubtedly demand you savings to
reinvest elsewhere.
Homeowners in Cape Vincent who have neither lease or neighbor agreements with St. Lawrence Wind need protection from the financial uncertainty associated with wind development, much the same as they need their bank savings insured. The best way to protect property values from any development uncertainty is with a Property Value Guarantee.
A Property Value Guarantee was used for the Rodman Landfill project and there are a number of plans that have been developed for wind projects, the most recent developed by a local realtor and attorney for Hammond, NY.
Perhaps the best endorsement for a Property Value Guarantee comes from
Ben Hoen, the author of the property reports cited by Acciona in their EIS documents. In a discussion I had with Hoen regarding Property Value Guarantee (April 2010) he stated, “I think one of the things that often happens is that (wind) developers put our report forward and say look property values aren't affected, and that's not what we would say specifically.

On the other hand, they have little ground to stand on if they say we won't guarantee that.”
At a local level I would take Hoen's statement one step further, Acciona has little ground to stand on if they refuse to accept the terms of a Property Value Guarantee. How can Acciona adamantly deny our property values will not be adversely affected and at the same time refuse to provide us with protection in case they are wrong?

Before Acciona's project moves forward there are at least two financial agreements that they need to complete with the town - road and PILOT agreements. I urge the Town Board to include in either of those agreements a provision for a Property Value Guarantee. Some residents, who believe their property will be devalued substantially by Acciona's project, have already begun to examine legal alternatives to recoup potential losses. These alternatives include civil court action directed at municipal officials who have a responsibility to protect their citizens, yet ignore the issue of property devaluation. Resolving to include a Property Value Guarantee in any upcoming agreements with Acciona will not only afford some protection for property owners, but also it will remove any future liability for those officials who support a Property value Guarantee. If properties will not be devalued from wind development, as Acciona and BP believe, then why would they not put this community at ease for a relatively small administrative fee to implement a Property Value Guarantee?

Sincerely yours,

Clifford P. Schneider

Cape Vincent, NY
Cuomo seeks to pull New York State economy out of

Toilet with a royal flush

December 4, 2011, 10:43 PM

ALBANY -- With the state's deficit worsening, Gov. Andrew M. Cuomo said he wants the Legislature to act quickly on a job-creation effort, which he said should include a massive program of bridge and road construction and an expansion of full-blown, Las Vegas-style casinos across the state.

Link here to the Buffalo news story

Sunday, November 27, 2011

Governors of 23 states asking that the Wind Energy Tax Production credits be extended.

November 15, 2011
Honorable Harry Reid Honorable John Boehner
Majority Leader Speaker of the House

U.S. Senate U.S. House of Representatives
522 Hart Senate Office Building H-232, U.S. Capitol
Washington, D.C. 20510 Washington, DC 20515

Honorable Mitch McConnell
Honorable Nancy Pelosi
Republican Leader Democratic Leader
361-A Russell Senate Office Building 235 Cannon House Office Building
Washington, D.C. 20510 Washington, DC 20515

Dear Senator Reid, Senator McConnell, Speaker Boehner, and Democratic Leader
As governors from diverse regions of the nation, we share an interest in the development of our states’ wind energy resources and the associated manufacturing and infrastructure modernization benefits — an interest that will be severely damaged if the wind
production tax credit expires.

Although the tax credit for wind energy has long enjoyed bipartisan support, it is scheduled to expire on December 31, 2012. Wind-related manufacturing is beginning to slow in our states because the credit has not yet been extended. If Congress pursues a last minute approach to the extension, the anticipated interruption of the credit’s benefits will result in a significant loss of high-paying jobs in a growing sector of the economy. We strongly urge Congress to adopt a more consistent and longer-term federal tax policy to support wind energy development in the United States and to support recently introduced legislation such as the American Renewable Energy Production Tax Credit Extension Act (H.R. 3307).

The leading wind project developers and manufacturers are slowing their plans for 2013 and beyond due to the current uncertainty. Some developers have no projects scheduled for 2013, and are beginning to lay off employees. The ripple effect of this slow down means reduced orders for turbines and decreased business for the hundreds of manufacturers who have entered the wind industry in our states. If the tax credit is allowed to expire at the end of 2012, there will be negative impacts on the high-tech manufacturing jobs that the industry has brought to or created in our states.

The nation’s wind industry is again facing the boom-bust cycle in large measure due to an inconsistent tax policy. Like the oil and gas industries — which enjoy substantial tax credits that have not expired in nearly 100 years — wind energy, a domestic source of energy, needs a predictable policy for sustained economic growth and innovation. When Congress allowed the tax credit to expire in 1999, 2001, and 2003, the development of new wind installations dropped significantly, between 73 percent and 93 percent, and thousands of jobs were lost. Providing renewable energy tax credits in order to provide consistency with conventional energy tax credits is the right policy to move the nation forward in an energy sector that offers global export opportunities and the ability to modernize a segment of our electric production infrastructure.

The United States has some of the best wind resources in the world, but our lack of long-term national policies hinders our ability to develop them fully. Extending the production tax credit this year, rather than delaying action, is critical to the stability and growth of wind manufacturing in our states. A multi-year extension of at least 4 years would encourage investment of new capital, help catalyze the export of wind energy technologies and related products, and support the goal of increasing domestic energy production. Without policy certainty, investors, developers, and manufacturers will move projects and jobs elsewhere.

We respectfully urge Congress promptly to pass a multi-year extension of the wind tax

Lincoln Chafee,Terry Branstad, Vice Chairman
and Governor of RhodeIsland

Terry Branstad, Vice Chairman

and Governor of Iowa

Members, Energy and Natural Resources Committee
Members, Finance Committee
Members, House Ways and Means Committee
The Honorable Steven Chu, Secretary, U.S. Department of Energy
The Honorable Ken Salazar, Secretary, U.S. Department of the Interior

Read the original Governors’ Wind Energy Coalition letter at this link.

List of Governors

(1) Rhode Island
Gov. Lincoln Chafee
Gov. Terry Branstad
Vice Chairman
Gov. Mike Beebe
Gov. Jerry Brown
Gov. John Hickenlooper
Gov. Rick Scott
Gov. Neil Abercrombie
Gov. Pat Quinn
Gov. Sam Brownback
Gov. Steve Beshear
Gov. Paul LePage
Gov. Martin O’Malley
Gov. Deval Patrick
Gov. Mark Dayton
Gov. Brian Schweitzer
(16)New Mexico
Gov. Susana Martinez
(17)New York
Gov. Andrew Cuomo
(18)North Dakota
Gov. Jack Dalrymple
Gov. Mary Fallin
Gov. John Kitzhaber
(21)South Dakota
Gov. Dennis Daugaard
Gov. Christine Gregoire
(23)West Virginia
Gov. Earl Ray Tomblin

Additionally, another letter was sent to OUR represenatives by industrial wind proponents (Many of them Wind companies)
Their letter asks for a four-year extension of the renewable energy production tax credit (PTC) before the end of this calendar year.

Read their letter at this link~~~
Some of the Notable names on this letter:
American Wind Energy Association, Washington, DC
Acoustic Ecology Institute, Santa Fe, NM
JPMorgan Capital Corporation, Chicago, IL
Sierra Club, San Francisco, CA
Defenders of Wildlife, Washington, DC
National Audubon Society, New York, NY
Natural Resources Defense Council, New York, NY
Wild Utah Project, Salt Lake City, UT
National Wildlife Federation, Reston, VA

Saturday, November 26, 2011

Galloo~ Developers win ~ Watertown Times Editorial

Bad deal for Jefferson County taxpayers


Jefferson County homeowners, dairy farmers and small businesses will pay the price in higher taxes to subsidize tax breaks for developers of the Galloo Island Wind Farm under the terms of a tax agreement worked out with the Jefferson County Industrial Development Agency.

 .[Watertown Times]

Friday, November 25, 2011

Cape Vincent~Send lawyers, guns and money

Watertown Daily Times Send lawyers, guns and money

Send lawyers, guns and money
Outside Looking In
By Perry White


When the Cape Vincent Zoning Board of Appeals affirmed Monday night its decision to require that Roger D. Alexander tear down the windmill he built on his property, it might as well have sent e-mails out to every lawyer in the county that a lawsuit is a-comin'.

 [Watertown Times]

Thursday, November 24, 2011

We've come a long way

Since that day

Sunday February 15, 2009 Wind Power Ethics Group wrote an open letter to representatives of British Petroleum and Acciona/AES this letter was published in New York's Watertown Daily Times newspaper in response to questionable business practices by the developers seeking to build wind facilities in Cape Vincent, New York

The group's letter outlined the potential conflicts of interest that State Sen. Darrel J. Aubertine, three Town Council members and three Planning Board members have with wind developers. The conflicts are leases they or family members have signed with one or both of the wind farm developers in the town.
A lot has happened since since that February 2009 letter, and we are now coming out of this unethical Black Hole.
Below is a portion of the original letter outlining the conflicts of interest and an update on the conflict situation in Cape Vincent today.

Original Advertisement as it appeared in the Watertown Daily Times

Cape Vincent’s Unethical Black Hole

• NYS Senator Darrel Aubertine — Has contract with Acciona/AES.
Wrote letter to Cape officials advising to disregard conflicts of interest.
Former Cape Vincent town councilman
Voted at state level on legislation which could influence his wind contract
Sister married to John Wiley, member of Zoning Board of Appeals.

[Darrel Aubertine found himself in a more than 3,000 vote BLACK HOLE to Republican Patty Ritchie on election night. His loss has been attributed to his actions regarding wind development.]

[John Wiley resigned from the. Z.B.A.December 28,2009]

Joe Wood — Town Board, has wind contract
Wife Debra Wood, Deputy Town Clerk
Sister Karen Bourcy on Planning Board
Brother Alan Wood, Zoning Enforcement Officer, partner in Wood Farm LLC,
which has contract
Another brother is partner in Wood Farm LLC, which has a contract
2 nephew partners in Wood Farm LLC, which has wind contract.

[Joseph H. Wood did not seek re-election in 2009 and has not been be a board member since Dec. 31, 2010.]
[Debera Wood stepped down as Deputy Town Clerk ~September 14, 2010]

[Alan Wood
continues to serve as zoning enforcement officer ]

Marty Mason — Town Board, has 3 wind contracts
Sister Jerri Mason is Town Clerk.Cousin Donald Mason, Town Board, has wind contract

[Marty Mason ~ defeated in his bid for re-election due to his wind conflicts. Marty received 515 votes and his anti- corruption opponents received over 800 votes each]

[Jeri Ann Mason ,Town Clerk resigned abruptly after a partial audit report found discrepancies in the town's finances.
and she has been indicted on charges of grand larceny and defrauding the government.]

Donald Mason — Town Board, has wind contract
Cousin Marty Mason, Town Board, has 3 wind contracts
Cousin Jerri Mason, Town Clerk

[Donny Mason lost the election as well (due to wind conflicts) he lagged behind Marty with only 484 votes and his anti- corruption opponents received over 800 votes each. ]

• Richard Edsall — Planning Board Chairman, has wind contract
Wife’s parents have wind contract.
Brother-in-law has wind contract.

[Ricard Edsall submitted his letter of resignation as Planning Board chairman June 30, 2011 effective July 1 2011.]

• Andrew Binsley
— Planning Board
2 brothers-in-law and a nephew have wind contract.

[Andrew R. Binsley resigned from the Planning Board following a heated meeting Nov. 10,2010 ]

• Karen Bourcy
— Planning Board
Son, Partner in Wood Farm LLC, which has wind contract
Brother Joe Wood, Town Board, has wind contract
Brother Alan Wood, Zoning Enforcement Office, partner in Wood Farm LLC, which has a wind contract
Nephew, partner in Wood Farm LLC, which has wind contract
1 additional brother partner in Wood Farm LLC, which has wind contract.

[Karen Bourcy remains on the Cape Vincent Planning Board as the only member with wind conflicts of interest.]

James H. Madden — Cape Vincent Wind Farm — British Petroleum
Peter E. Zedick — St. Lawrence Wind Farm — Acciona/AES

[James Madden project manager for BP Wind Energy's Cape Vincent Wind Farm announced in a Watertown Times article dated March 22, 2011 that he was leaving the company .]

[Pete Zedick
changed directions and by June of 2011 is no longer working in Wind development . He is working with a Rochester company called Edgemere Development, Inc. as their Director of Development. ]

Link here to board members conflict disclosure forms

Link here to original February 2009 post

Link here to read Watertown Times article ~ Ethics ad has official angry.

Wednesday, November 23, 2011

How many times can a man turn his head Watertown Times Editorial

Watertown Daily Times Now you see them, now you don't, now you see them

By Bob Gorman

How many times can a man turn his head, and pretend that he just doesn't see, The answer, my friend, is blowing in the wind, the answer is blowing in the wind.

Link to original here

Are Wind Lease Easement Enforceable?

Are wind lease easements enforceable in a court of law? What if you had children that were experiencing problems as a result of living in close proximity to wind turbines?

Imposing these conditions upon a child because a parent has agreed to cooperate for financial considerations may be tantamount to child abuse.
If the developers do not inform lease holders of the potential consequences would the wind developers be culpable ?
Read the excerpts from the Acciona easement that I have posted. Acciona's easement denies the leaseholder the right to bring any complaint, suit or action or intervene in any investigation or inquiry. Additionally, there is an easement for noise and setbacks etc...

Is this enforceable?

Windpower Facility Effects Easement. AND the Waiver of Setback and Setback Easement.

The Windpower Facility Effects Easement

ii) Windpower Facility Effects Easement...Grantor hereby grants Grantee a perpetual easement (the “Windpower Facility Effects Easement “)

[A perpetual easement is that type of easement, which is to last without any limitation of time. It is a right, which a person has on the property of another person, which to an extent is permanent. ]

for any audio, visual, view, light , noise, vibration, air turbulence, wake, electromagnetic or other effect of any kind or nature whatsoever resulting , directly or indirectly from the construction instillation, maintenance or operation of Wind Power Facilities in the vicinity of the property; to generate and maintain audible noise levels on and above Property wherever originating at any or all times of day or night; and to cast shadows and reflect glare onto the property, whether intermittent(flicker) or constant , from Windpower Facilities wherever located, and agrees not to bring any complaint , suit or action or intervene in any investigation or inquiry by any person or entity with respect thereto.
Waiver of Setback and Setback Easement

(iii) Waiver of Setback and Setback Easement. Grantor hereby grants Grantee a perpetual easement (the “Setback Easement”) pursuant to which Grantor consents to Grantee is siting of Windpower Facilities at any location upon property near the Property and by which, to the fullest extent applicable and permitted by law, this means that Grantor waives enforcement of any and all setback requirements related to the siting of Windpower facilities upon property in the Vicinity of the Property , including Setback Requirements applicable to the Windpower Facilities from lot lines, residents and other improvements, consents to setbacks for the Windpower Facilities being less than required by such Setback Requirement and agrees not to bring any complaint, suit or action or intervene in any investigation or inquiry by any person or entity with respect thereto.

Grantor agrees to use commercially reasonable efforts to assist , cooperate and participate in any proceeding and petition prepared by grantee in connection with any modification or variance to an existing siting or Setback Requirement.

Further, if so requested by Grantee, Grantor shall, without demanding additional consideration therefor,
(i) Execute (and if appropriate cause to be acknowledged) any setback waiver, setback elimination or other document or instrument reasonably requested by Grantee in connection therewith.

Without limiting the generality of the foregoing, this agreement shall be deemed a “setback agreement” For the purposes of the Town of Cape Vincent Wind energy facility law.

links below to Acciona wind lease and easement
lease agreements.

lease easement

Official Election results

Hirschey 889 Mickey Mouse 1

General Election 11/08/2011
Cape Vincent

Final results with some interesting write in choices!

3 of 3 (100%) machines reporting (3 total districts)

Town of Cape Vincent Supervisor Vote for 1

Urban C Hirschey 889
Harvey J White 462
Tom Ingersol 2
Mickey Mouse 1

Town of Cape Vincent Town Council Vote for 2

Clifford P Schneider 827
John L Byrne III 807
Marty Mason 515
Donald J Mason 484
Liz Brennan 5

Town of Cape Vincent Town Justice Vote for 2

John D Blodgett 1,025
Colleen M Knuth 706
Kirk E Grant 653
Danny Hubard 1

Town of Cape Vincent Highway Superintendent Vote for 1

Danny Hubbard 526

Hubbard 18
Steven J Hall 11
Stephen Docteur 4
Void 4
Marty Mason 3
Liz Brennan 3
Harvey White 1
Harvey Blodgett 1
Tom Hubard 1
Danny 1
Steve Docteur 1
Marty Hubbard 1
Floyd Gould 1
Micky Hibbard 1
William DeSouza 1

Link Here to Jefferson County web page posting the official election results

Google Cleans House & Abandons Renewable energy goals

The tide is rapidly turning on renewables.
As the bloom is off the rose, not only are people re -thinking renewable energy production tax credits but the bad news for renewables continues to grow rapidly.
Recently Prince Philip, the Queen of England’s husband, reportedly describing wind farms as “utterly useless”; a view publicly supported by the UK’s Former Chancellor, Lord Lawson
Now according to a post on Google’s corporate blog Google is doing a little off season Spring-cleaning.

Google’s Green Energy Czar, Bill Weihl, told Reuters that he expected to demonstrate within a few years working technology that could produce renewable energy at a cheaper price than coal.
However, it was announced Tuesday by Google that they were pulling the plug on this project.
Additionally, A Google spokesperson said that Weihl had left Google earlier this month.

Link here to read announcement on Google's Corporate Blog

Full story from Reuters

Tuesday, November 22, 2011


“If they had both sides of the story, they may not have signed the contracts.”
It’s nice to try to use alternative energy, but we are right on the Mississippi Flyway,” Edwards said.

Several local landowners want out of wind contract The Republican Eagle Red Wing, Minnesota

Minnesota~ A handful of participating landowners who agreed to be part of a 78-megawatt wind farm are now anxious to get out of their contracts and have sent what they call a letter of termination to AWA Goodhue.

AWA Goodhue officials have declined comment.

In addition to a laundry list of other reasons, the landowners — who asked not to be identified — said realizations about possible effects on the area’s wildlife caused them to want out of the project.
“Those landowners a lot of times are making decisions based on what the wind folks are saying,” said Jaime Edwards of the Minnesota Department of Natural Resources.

“If they had both sides of the story, they may not have signed the contracts.”
It’s nice to try to use alternative energy, but we are right on the Mississippi Flyway,” Edwards said.

“You really have to look hard at whether something like this should be placed on a flyway.”
Edwards also said that although the project has fewer than 50 turbines planned, once one moves in she expects more are likely to follow.

It will be interesting to follow this case and see what happens.

I have often thought that the wind companies are taking advantage of the leaseholders in Cape Vincent .

I have been told by a reliable source that the developers did not inform lease holders of the negative aspects of wind development.

Additionally, I have been told that they were encouraged to be secretive during the signing process preventing them from engaging in collective bargaining .

It is also my opinion that the developers are not paying the leaseholders enough

Additionally, my source said that they were encouraged to sign a lease without the expertise of an attorney.

I think signing a wind lease probably seemed like a good idea at the time to many but I am sure that some people may have regrets.

The question is what can a leaseholder do if they want out?

Source Pierce County Herald link here to read the rest of the story

Developers should pay full taxes

Watertown Times editorial

Watertown Daily Times Wind power

Developers should pay full taxes
TUESDAY, JULY 21, 2009

Jefferson County development officials continue to wrestle with the terms of a tax-exempt policy for several wind power projects planned for the county.
 .[Watertown Times]

Sunday, November 20, 2011

Wind PILOTs Watertown Daily Times Editorial

Too much given away to developers

A payment-in-lieu-of-taxes agreement being developed by the Jefferson County Industrial Development Agency will give away tens of millions of dollars in taxes with minimal return for the price being paid by county taxpayers.

 Watertown Daily Times Wind PILOTs

Tuesday, November 15, 2011

Un - certified 2011 Town and Village of Cape Vincent final results.

This election was more than a referendum on Wind development; it was also a referendum on Cape Vincent’s good old boys network.
Un -certified 2011 Town and Village of Cape Vincent final results.
Jefferson County Legislator District 1, Clayton - Cape Vincent:
The black number is the election day count and the red numbers are the final count after absentees.
Jefferson County B.O.E Results link here
General Election and absentee ballot Results
Tuesday, November 15, 2011

Jefferson County Legislator District 1, Clayton - Cape Vincent:
Michael Docteur (R) Election day 700 votes + Absentee Votes =( )

Town of Cape Vincent Supervisor
:Urban Hirschey (R) Election day 518 votes + Absentee Votes = ( 888 )

Harvey White (C) - Election day 388 votes + Absentee Votes = ( 442 )

Town of Cape Vincent Council (two of four):
Clif Schneider (R) - Election day 471 votes+ Absentee Votes = (826 )

John Byrne III (R) - Election day 448 votes + Absentee Votes = ( 806)

Marty Mason (C) - Election day 453 votes + Absentee Votes = ( 515)

Donald Mason (C) - Election day 423 votes + Absentee Votes = ( 484)

Town of Cape Vincent Justice (two of three):
John Blodgett (R) - Election day 679 votes= Absentee Votes= (1024 )

Coleen Knuth (R) - Election day 369 votes + Absentee Votes = (706 )

Kirk Grant (C) - Election day 565 votes+ Absentee Votes = ( 652)

Town of Cape Vincent Highway Superintendent:
Danny Hubbard write in votes = (? )

Village of Cape Vincent Trustee (two of three):Pamela Youngs (R) - Election day 230 votes + Absentee votes = ( won)

Harry Landers (R) - Election day 115 votes + Absentee Votes = (? )

Liz Brennan (write in) Votes ( won)

Congratulations to all winning candidates.
Thank you to all voters

APEC leaders agree to cut tariffs on green products and services

Markets Updated Tuesday, 0:37 am TWN
November 15, 2011
By Doug Palmer ,Reuters

HONOLULU -- Asia-Pacific leaders, including the United States and China, committed on Sunday to slash tariffs on environmental goods and services in a bid to boost trade in products that cut fossil fuel use and reduce pollution.

Source The China Post link here

Cape Vincent's

Sovereign Disgrace

Harold Wiley’s petition against what he called voter fraud was a document crafted with the intention of disenfranchising a segment of our community. However , it was based on an honest premise, the fact is Harold Wiley and the oligarchy that exists in Cape Vincent truly believe that voter fraud has been perpetrated they believe that they have supreme, independent authority over Cape Vincent.
Cape Vincent is their Sovereign Oligarchy.

Look back on the blatant actions that have been taken by certain members of the Town Board and Planning Board to push their wind development agenda. It is clear that certain board members think that they are above the law ,they have their own conventions that they abide by, for example the comments that the Town Board members made about the Attorney General’s code of ethics. They said it did not apply to Cape Vincent. All through this wind debacle, they have been conducting themselves as they choose. As wind contract holders, they have been voting and recusing on wind issues when it serves their own best interests. They seem to believe that as lifelong residents of Cape Vincent they possess an inborn entitlement of supremacy giving them the right to do as they please.
Moreover, as of yet no authority has stepped in to tell them otherwise.
Now the part time residents who happen to pay full time taxes have stood up for what is right and the good old boys truly do think it is illegal and immoral.

Remember the words of Thomas K. Reinbeck after losing the election of 2009
"It sucks, doesn't it?" "These people, they have registered to vote here but they don't even live here. They obviously took advantage of the gray area of the law."
Mr. Rienbeck said most of the people who changed their registration to vote for Mr. Hirschey were rich seasonal residents who oppose wind farms.
"All they care about is their cottages on the river," "They are nothing but selfish people. It's a sad day for the people of Cape Vincent."
In 2009, in a letter to the Watertown Times Harold Wiley attempted to marginalize Urban Hirschey‘s victory in the race for Town Supervisor, by labeling him a summer person. Additionally, he wrote that Mr. Hirschey was elected by absentee ballots generated from people that are against progress in Cape Vincent.

When Harold Wiley presented his voter fraud petition to the Town Board he stated that "the things that are going on in Cape Vincent with this getting the vote out, the absentee ballots are unethical and immoral in my opinion its bordering illegal." Harold said that the intention of this voter fraud was to manipulate the outcome of the election to defeat wind farm development. Additionally, Harold added, “where have these people (absentee voters) been in the last 25 to 30 years?” “A lot of things have gone on in Cape Vincent in the past 25 or thirty years through the efforts of the town board. The Town Board has done the right thing and they should be able to continue to do the right thing.”
In some small communities, you may find that the good old boy network is alive and well, maybe a pal gets a load of gravel, top soil or someone’s driveway may get paved , perhaps the town provides free stump removal or maybe new sidewalks. People will tolerate things like this; they look the other way generally, when it comes to the little extras that are doled out to the friends of the good old boys.
In Cape Vincent, certain members of both our boards began pushing their wind agenda and an arrogance developed growing until it was out of control, their efforts became so extreme and blatant that citizens that had normally trusted our good old boy network to do the right thing could no longer look the other way.

The proposed wind developments are the single most important issue that has ever been put before our community. These projects are not just benign structures that will bring extra income to lease holders; this is a life-changing event that will affect the quality of life of every resident in our community. These developments will change the face of Cape Vincent forever. It is wrong for a select few that would gain financially from these wind developments, to make these decisions for our community.

Saturday, November 12, 2011

Sound - off on noise!

August 16, 2010
Mr. Richard Edsall – Chairman
Cape Vincent Planning Board
Town of Cape Vincent
1964 NYS Rte. 12E
Cape Vincent, NY 13618

Dear Mr. Edsall:
I have attached for your review and to be part of the record the complaint resolution section of the 2010 draft wind law that you and other members of the Planning Board helped formulate earlier this year. I thought you should compare what you and the board drafted with Acciona's Complaint Resolution Plan (FEIS, Appendix C-11). They are not even comparable.

I suggest that you recommend Acciona adopt the Complaint Resolution Plan that our community drafted and not the “wind industry friendly” variety Acciona hopes you will accept.

Thank you for your consideration.
Sincerely yours,
Clifford Schneider
PO Box ???
Cape Vincent, NY 13618

J. Complaint Resolution Process
Excerpt from Cape Vincent Wind Committees 2010 Draft Wind Law) Complaints from the Public will be addressed in the following manner: All complaints shall be directed to the Applicant/Operator and responded to by the Applicant/Operator or his duly authorized representative within five (5) calendar days after receipt of such complaint. The Applicant/Operator shall keep a log of any such complaints received, which log shall be reviewable by the Town Code Enforcement Officer upon request.

If the complaint includes the character or quality of the wind turbine sound, then any subsequent investigation shall use best practices to evaluate the overall level, tonal, and/or temporal nature of the wind turbine sound prompting the complaint. Any complaints which cannot be resolved during the initial response shall be subsequently directed to the Town Engineer for investigation, and any such investigation shall be undertaken with the full cooperation of the Applicant/Operator. In addition, the Applicant/Operator will shut down and Wind Turbines as may be needed to properly assess noise impacts. The operating data including wind speed and direction, turbine output, and rotation speed for adjacent turbines shall be available upon request.

Testing shall commence within ten (10) working days of the report of the initial investigation. If testing cannot be initiated within ten (10) days (exceptions granted for lack of stable atmospheric conditions), the wind turbine(s) causing the complaint shall be shut down until the testing can be started. Testing shall compare actual sound measurements at property line of complainant with and without turbine operation to confirm operation complies with sound limits established in Article 3, E3. “Sound Regulations”.

A copy of the test results shall be sent to the complainant and the Town within thirty (30) days of test completion.

After the investigation, if the Town reasonably concludes that operational violation of any applicable permit conditions or modeled sound levels are shown to be caused by the Wind Energy Facility, the licensee/operator/owner shall use reasonable efforts to mitigate such problems. These reasonable efforts include such measures as temporary cessation of operation.

Continued complaints from the same landowner will trigger additional investigation only if the Town determines that nearby wind turbine operational characteristics have
changed since the landowner's last complaint.

If the operator of the Wind Energy Facility does not mitigate such problems they will be subject to enforcement penalties in the Town Zoning Law.
Excerpt from 2010 Draft Wind Law
4. Compliance Survey – Protocol for dealing with noise complaints. Within three (3) months after a wind energy facility becomes operational, a compliance survey shall be conducted by the Town and funded by the applicant and/or operator. The following list of steps outlines the procedure:

a. Sound sensitive sites shall be selected based upon the model used for site plan approval.

b. Sound levels shall be measured at a non-participant property line that is closest to the nearest wind turbine, but at least 25 ft away from buildings and 50 ft. away from roads, driveways, power lines, or any other potential sources of man-made noise.
The A-weighted and C-weighted Leq sound levels shall be use to assess compliance. In
addition, L90, and L10 levels shall also be collected.

c. Data collection shall occur on any weekday dates (barring holidays). Measurements shall be made in accordance with the parameters established by the Planning Board and its consultants. Additional compliance surveying and monitoring may be required at the discretion of the acoustical sub-consultant if conditions vary. The actual hub wind speed and power output shall be provided. Compliance surveys are valid only when the four nearest wind turbines are all operating within the test parameters.

d. Data recording sound level meters shall be used that comply with ANSI or IEC standards for Type I meters, and the meters should be placed on the ground in accordance with IEC 61400-11. Microphone wind screens shall be used for all measurements in accordance with best recommendations of the sound level meter's manufacturer.e. Recording anemometers shall be placed adjacent to each sound level meter 4-5 ft. above ground and approximately 25 ft. from the meters.

f. Data collection should include a series of continuous 10-minute samples for at least 1 hour with the highest, valid 10-minute LeqA and LeqC levels from the same 10 minute interval used to define the wind energy facility’s operating sound. Observations must confirm that the highest LeqA and LeqC sound levels measured are not influenced by non wind turbine noise sources. These levels will then be compared to the sound levels predicted by the computer model at that location.

g. Other technical procedures should generally comply with International Organization for Standardization (ISO ) 1996 standards

All members of the wind committee agreed to this version of the complaint plan - Notice that in the end they say if a wind developer does not fix the problem, they are subject to penalties and fines. This was not part of Acciona's feel-good complaint plan.

Acciona has put forward a plan to deal with our potential complaints because they have said we will have more complaints than usual because of the noise issue.
Tocci said the wind farm would be too loud and Acciona said, Hell we'll just resolve the complaints with our Complaint Plan and Complaint (developer loaded) Board.

What I would like to know is, those of you that may have submitted comments on Acciona or BP's EISs, how satisfied are you with the responses in the FEIS?
Acciona’s responsiveness to your concerns is a good indication as to how well they would respond to any complaints after they put up their damn pinwheels.

What kind of response do you think you would get to your noise complaints?

Link Here To Read The ST. Lawrence Wind Complaint plan

Thursday, November 10, 2011

Reading Between the Lines



Update on an old post
This post is a series of letters between Whiteman Osterman and Hanna lawyer Michael Sterthous , British Petroleum’s project manager Peter Gross and Planning Board member Richard MacSherry. I have posted these letters before but this posting has been updated with a fourth letter recently sent to Planning Board member Richard MacSherryfrom Michael G. Sterthouse of Whiteman Osterman & Hanna in regard to the Supplemental Draft Generic Environmental Impact Statement(SDGEIS)
Additionally ,this latest letter(email) was read by Mr. Mac Sherry at the planning board meeting of Nov. 9, 2011
Letter #1
Michael G. Sterthous from Whiteman Osterman and Hanna advised Bp that the Cape Vincent’s Planning Board review of their project is “ongoing”.
Comments on the status of the completeness of the SDEIS will be delivered to BP Wind Energy‘s technical consultants over the coming months and ultimately lead to iteration of the document.
The planning board’s technical consultants have already issued a letter to BP Wind Energy advising it that the noise analysis presented in the SDEIS should be conformed to the noise analysis presented by St. Lawrence Windpower, LLC as part of its most recent submissions to the Planning Board.
Since an iteration of the current version of the SDEIS is expected, the planning Board has cancelled next week’s meeting…
It may be helpful for BP Wind Energy’s representative to schedule a time to present the project and the reports and analysis contained in the SDEIS to the Planning Board, as many members are new to the board.
Sterthous is assuring BP that things are going along smoothly. However, are them it was right around this time that Todd Mathis was removed from the Cape Vincent project additionally BP’s senior project manager Jim Madden left the scene as well. The planning board meeting scheduled for March 23 was cancelled
The SDEIS was submitted to the planning board Feb. 10, 2011 however, it has not been formally accepted by the board. In late February of 2011, BP’s former senior project manager Madden said in a newspaper interview that he expected the SDEIS to be accepted by the end of March. Then a public comment period would begin followed by a hearing.
However, the Cape Vincent Town Planning Board meeting scheduled for March 23, 2011 was canceled. Planning Board members were to consider the supplemental draft environmental impact statement for British Petroleum's Cape Vincent industrial wind complex.

Letter #2
In this letter Bp project manager Peter Gross explains to Mr. MacSherry that they are anxiously awaiting the anticipated comments from the Planning Board on their Cape Wind SDEIS.
Additionally, Gross states that BP would like to advance their project in a timely efficient manner.
Gross also requests that the Planning Board schedule a review of the SDEIS with the Planning Board and asks for a schedule ( deadline?) for the submission of any further comments so BP can receive a determination from the Planning Board that the doc is complete as soon as reasonably possible.
In other words, we have waited long enough hurry up with your positive determination.
Letter #3
In this letter Planning Board Member Richard MacSherry informs Bp project manager Peter Gross that he has no knowledge of any dialogue that Mr. Edsall could have possibly had with Whiteman Osterman and Hanna, which would have led them to indicate that any review was active and that comments regarding the SDEIS would be forthcoming under any time frame.
Additionally, Mr. MacSherry states that the primary obstacles are the time it will take to fill the Planning Board vacancies and a reasonable period for all members to become familiar with BP draft and supplemental EIS documents.
And an opportunity for the Planning Board to meet with our consultants to share and compare our findings
I cannot speculate as to when all of the above-mentioned matters will be concluded; I will commit only to keeping you informed as to our progress.


This email isfrom Michael G. Sterhouse of Whiteman Osterman & Hanna directed To Planning Board Member Richard MacSherry in regard to the Supplimentary Draft Generic Environmental Impact Statement(SDGEIS)
Additionally,this letter(email) was read by Mr. Mac Sherry at the planning board meeting of Nov. 9, 2011 .

Wednesday, November 9, 2011

Vestas drops 2015 targets, pledges cost cuts | Reuters

UPDATE 1-Vestas drops 2015 targets, pledges cost cuts | Reuters
Wed Nov 9, 2011

COPENHAGEN Nov 9 (Reuters) - Vestas , the world's biggest wind turbine manufacturer, on Wednesday dropped its long-term financial goals and pledged to cut costs and jobs as it struggles with weak demand for wind power.