Monday, June 27, 2011

BP's ~ New Guy On The

Chopping Block ~ Video

Update 11:53PM
June 26, 2011

I posted this previously but it has been updated with videos of Mr. Gross speaking at the Planning Board Meeting of June 8,2011 and the Town Board Meeting June 9, 2011




"The new Guy on the Block"








Excerpts
from the Planning Board Meeting

Mr. MacSherry:
Introduced Mr. Gross he then gave a brief rundown of Mr. Grosses experience and education
MacSherry said that the Town was in possession of a brief letter from Madden RE: BP’s compliance to the Attorney Generals code of conduct, and that he "suspected" that the leaseholders and individuals with good neighbor contracts had received the same letter. Mr. MacSherry then said to Mr. Gross
“At some point, I would like you to discuss, with at least me, the code of conduct agreement that Bp signed with the State of New York and what it says in your lease agreements as far as the conflicts of interest.” “Because, I have yet to really understand what the leases say and what the intent of this code of conduct agreement says. I find it a little disparaging and I don't understand it.”
~~~~
Mr. Gross said Thank you very much for ah paraphrasing the letter umm it takes away a few of the things that I was supposed to, or planning on saying.

What Mr. Gross did with this first statement was to deflect the topic of the letter. The wording Gross used was deceptive so that he could avoid talking about the letter.
Why did Gross derail the questions that Mr. MacSherry had about the letter regarding BP’s wind contracts?


The letter in question dated July 30,2009

Ms. Mason,
This letter is to inform officials and residents of the town that BP Wind Energy joined 14 other wind companies and Attorney General Cuomo this week in signing the enclosed code of conduct agreement for wind energy development in New York that the wind industry is avoiding conflicts of interests related to town and county officials. The State of New York is committed to the continued development to clean, wind energy and BP Wind Energy is committed to upholding the highest standards of development as outlined in this agreement.
If there are any questions about this, please feel free to contact me at (434) 220-9428
Sincerely
James H. Madden
Business Developer
~~~~~~~~~~~

The NY State Wind Code of Conduct link [here]

excerpts~

I. CONFLICTS OF INTEREST -PROHIBITED

1. General Standard: The Wind Company shall not knowingly, directly or indirectly offer to, or confer on, a Municipal Officer, his or her Relative, or any third party on behalf of such Municipal Officer, any benefit under circumstances in which it could reasonably be inferred that the benefit would influence such Municipal Officer to commit an official act or to refrain from performing an official duty in connection with the Wind Company's Wind Farm Development, unless such Municipal Officer recuses him- or herself from any official duties in connection with the Wind Company's Wind Farm Development. For the purpose of this paragraph only, "official duties in connection with the Wind Company's Wind Farm Development" do not include the non-discretionary duties of a Town Clerk or Tax Assessor.

6. Restrictions on Easements/Leases with Municipal Officers: The wind company shall not knowingly enter into any agreement with any Municipal Officer that requires the Municipal Officer to support or cooperate with the Wind Company’s Wind Farm Development in any manner that relates to the Municipal Officers official duties
~~~~~~~~~~~~~~~~
There have been questions about what are in the leases

Both BP $ Acciona have two versions of the loyalty clause in each lease
BP loyalty clause
[1]
7.2 Requirements of Governmental Agencies. Grantee, at its expense, shall comply in all material respects with valid laws, ordinances, statutes, orders and regulations of any governmental agency applicable to the Wind Power Facilities. Grantee shall have the right in its sole description, to contest by appropriate legal proceedings, brought in the name of Grantee or in the names of both Grantee and Owner where appropriate or required, the validity or applicability to the property or Wind Power Facilities of any law, ordinance, statute, order, regulation, property assessment or the like now or hereafter made or issued by any Federal, state county, local or other governmental agency or entity. Owner shall cooperate in every reasonable way in such contest, at no out- of - pocket expense to owner. Grantee shall control and direct any contest or proceeding, including any maintained in the name of owner

[2]
8.4 Requirements of Government agencies, Cooperation:

Bp
Requirements of Government agencies Cooperation:
Owner shall assist, cooperate with grantee, at no out of pocket expense to Owner
in complying with or obtaining any land use permits and approvals, tax- incentive or tax -abatement program approvals, building permits, environmental impact reviews, or any other permits or approvals required for the financing , construction, installation, relocation, replacement, maintenance, operation or removal of Wind power Facilities in the project (whether located on the Property, on adjacent property or elsewhere), including execution of applications for such permits or approvals if required . In connection with any applications for such approvals, Owner agrees at Grantee’s request to support such application (at no out- of - pocket expense to Owner) at any administrative, judicial or Legislative level. In the event that any laws, rules, regulations or ordinances of any governmental agency provide for setbacks or otherwise restrict the location of any Wind Power facilities to be installed on the property or adjacent properties, Owner shall cooperate with Grantee to evidence waiver of such setbacks.
Acciona Loyalty clause
[1]

7.5 Requirements of Government agencies. NYW, at its expense, shall comply in all material respects with valid laws, ordinances, and regulations of any governmental agency applicable to the wind power facilities. NYW shall have the right , in its sole discretion, to contest by appropriate legal proceedings , the validity or applicability to the property or Wind power facilities of any law, ordinance, statute, order, regulation, property assessment, or the lie now or hereafter made or issued by an Federal, state or local or other governmental agency or entity. Owner will not interfere or may choose to cooperate in every reasonable way in such contest, at no out- of -pocket expense to the Owner. Any such contest or proceeding shall be controlled and directed by NYW

[2]
8.3 Requirements of Government agencies. Owner shall assist and fully cooperate with NYW, at no out- of – pocket expense to Owner , in complying with or obtaining any land use permits and approvals, building permits, environmental impact reviews or any other approvals required for the financing, construction, installation , replacement relocation maintenance, operation or removal of Wind Power facilities, including execution of application for such approvals.
~~~~~~~~~~~~~~
1. By signing these contracts they are bound to act as agents to facilitate wind development at the detriment of the community they were sworn to represent. If Acciona and BP signed "certain" municipal officers to these contracts than they in turn are guilty of willfully compromising our municipal officers additionally they would not be complying with the Attorney Generals Wind Development Code of Conduct, in order to subjugate our community and facilitate their greed based ambition, turning Cape Vincent into an industrial wind complex.

BP Cape Vincent wind project lease document link [here]

BP Wind Energy ~ Good Neighbor Agreement link [here]

Acciona's St. Lawrence updated Wind lease document link [ here]

Acciona St. Lawrence early addition Wind Lease lease document link [here]

Acciona signed code of conduct document link[here]

Wind lease disclosures






Aug,2010
quoted Acciona North Americas Development director

Acciona Energy North America’s development director, Chip Readling, made a statement about the Attorney generals investigation in Cape Vincent.
"Acciona Energy has always been and remains fully committed to the ethical and transparent development of renewable energy projects. Acciona Energy has signed and complied with the New York State Attorney General's Code of Conduct Agreement."

The attorney general’s office and BP did not return Windpower Monthly’s calls for confirmation and comment.


4 comments:

Anonymous said...

What could Gross have been planning to say that was prevented by MacSherry's question?
Gross caused a cloud of suspicion in his very first sentence. Suspicion of distrust and lack of honesty, typical of the developers.

Anonymous said...

The first time Gross speaks to the board $ the community publicly
What does he do, he starts out by lying. I can see that his reign in Cape Vincent will be a series of lies and distortions, typical scummy BP type.

Anonymous said...

Where is the AG?

Anonymous said...

looks like a wind weasel .